Government Gazette

OF THE STATE OF

NEW SOUTH WALES

Week No. 36/2006 Friday, 7 September 2007 Published under authority by Containing numbers 110, 111, 112, 113, 114, 115 and 116 Government Advertising Pages 5977 – 7018 Level 9, McKell Building 2-24 Rawson Place, SYDNEY NSW 2001 Phone: 9372 7447 Fax: 9372 7425 Email: [email protected] CONTENTS

Number 110 OFFICIAL NOTICES SPECIAL SUPPLEMENT ...... 5977 Appointments ...... 6953 Local Government Act 1993 Department of Lands ...... 6994 APEC Meeting (Police Powers) Act 2007 Department of Planning ...... 6963 Water Management Act 2000 Department of Primary Industries ...... 6988 Exotic Diseases of Animals Act 1991 Roads and Trafﬁ c Authority ...... 6991 Department of Water and Energy ...... 7003 Number 111 Other Notices ...... 7004 Tenders ...... 7016 SPECIAL SUPPLEMENT ...... 6831 Exotic Diseases of Animals Act 1991 PRIVATE ADVERTISEMENTS (Council, Probate, Company Notices, etc) ...... 7017 Number 112 SPECIAL SUPPLEMENT ...... 6835 Exotic Diseases of Animals Act 1991 Fisheries Management Act 1994 Number 113 SPECIAL SUPPLEMENT ...... 6855 APEC Meeting (Police Powers) Act 2007 DEADLINES Exotic Diseases of Animals Act 1991 Mine Health and Safety Regulation 2007 Attention Advertisers . . . Numbeer 114 Government Gazette inquiry times are: SPECIAL SUPPLEMENT ...... 6867 Monday to Friday: 8.30 am to 4.30 pm Exotic Diseases of Animals Act 1991 Phone: (02) 9372 7447; Fax: (02) 9372 7423 Number 115 Email: [email protected] SPECIAL SUPPLEMENT ...... 6873 Exotic Diseases of Animals Act 1991 GOVERNMENT GAZETTE DEADLINES No. 116 Close of business every Wednesday LEGISLATION Except when a holiday falls on a Friday, deadlines Transfer of the Administration of Acts – will be altered as per advice given on this page. Sydney Entertainment Centre Act 1980 ...... 6877 Regulations – Please Note: Banks and Bank Holidays Regulation 2007 ...... 6879 Radiation Control Amendment (Miscellaneous) • Only electronic lodgement of Gazette contributions Regulation 2007 ...... 6881 will be accepted. If you have not received a reply Rules – conﬁ rming acceptance of your email by the close of Criminal Appeal Rules (Amendment No 1) 2007 .... 6888 business on that day please phone 9372 7447. Supreme Court Rules (Amendment No 412) 2007 .. 6892 • This publication is available on request via email, in Supreme Court (Corporations) Amendment (No 7) large print and/or on computer disk for people with 2007 ...... 6896 a disability. To obtain copies of this publication in Uniform Civil Procedure Rules (Amendment No 16) either of these formats, please contact Denis Helm 2007 ...... 6899 Uniform Civil Procedure Rules (Amendment No 15) 9372 7447. 2007 ...... 6934 Other formats, such as Braille and audio (cassette Other Legislation – tape), will be considered on a case-by-case basis. Final Determinations ...... 6938

SEE the Government Advertising website at: www.advertising.nswp.commerce.nsw.gov.au/Home.htm 6823

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 110 Friday, 31 August 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

LOCAL GOVERNMENT ACT 1993 – PROCLAMATION James Jacob Spigelman A.C., Lieutenant Governor I, the Honourable James Jacob Spigelman, A.C., Lieutenant Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of sections 255, 256 and 736 of the Local Government Act 1993 do, by this my Proclamation, amend the Proclamation concerning Broken Hill City Council dated 10 January 2007 as published in Government Gazette No. 8 on 12 January 2007 at page 149, by omitting paragraph (e) and inserting instead the following paragraph – (e) order that any matters before the Council that the Administrator is unable or unavailable to determine for such reasons that may include, but are not limited to, the declaration of a pecuniary interest, the declaration of a conﬂ ict of interest, illness, or other absence may be determined by Mr Garry Payne or, in the alternative to Mr Payne, by Mr Ross Woodward, as substitute Administrator appointed by the Minister for that limited purpose. Signed and sealed at Sydney, this 29th day of August 2007. PAUL LYNCH, M.P., Minister for Local Government GOD SAVE THE QUEEN! 6824 SPECIAL SUPPLEMENT 31 August 2007

APEC MEETING (POLICE POWERS) ACT 2007 Order I, the Honourable David Andrew Campbell, MP, Minister for Police, in pursuance of the APEC Meeting (Police Powers) Act 2007 section 6 (2) do, by this my Order, designate the following area as additional declared area for the period speciﬁ ed in this Order. A. Australian National Maritime Museum and surrounds; Time Period: 12.01 am to 12.00 midnight on 6 September 2007 Written Description: The area that comprises that portion of Darling harbour bounded in the south from a point on the western edge of the western footpath of Darling Drive in line with the southern end of the “Convention” metro light rail platform then following an imaginary line due east to the Harbourside shopping centre then to the southern extremity of the shopping centre then due east to the eastern foreshore of Cockle Bay at the high water mark and then following that eastern foreshore in a northerly direction past the Pyrmont Bridge and the Sydney Aquarium to a point opposite the northern footpath of Cuthbert Place and then following an imaginary line west across Darling Harbour and following the northerly part of the foreshore where it abuts Pyrmont Bay wharves 7, 8 and 9, to the north eastern point of Pyrmont Bay Park , then south to Pirrama Rd, and then in a southerly direction to the building alignment on the southern side of Pirrama Road and then following that alignment east to its intersection with Murray Street and then following the western edge of the western footpath of Murray Street in a southerly direction to the east bound on ramp to the eastern distributor to its intersection with the footpath on the western side of Darling Drive , then following that western footpath in a northerly direction to a point on the western edge of the western footpath of Darling Drive in line with the southern end of the “Convention” metro light rail platform Indicative map of the Australian National Maritime Museum Additional Declared Area

DAVID ANDREW CAMPBELL, M.P., Minister for Police

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 31 August 2007 SPECIAL SUPPLEMENT 6825

WATER MANAGEMENT ACT 2000 Order under section 71Z Access Licence Dealing Principles Amendment Order 2007 Lower Murrumbidgee Groundwater Sources PURSUANT to section 71Z of the Water Management Act 2000, I, the Minister for Climate Change, Environment and Water amend the Access Licence Dealing Principles Order 2004 as set out in schedule 1. Dated at Sydney this 30th day of August 2007. PHIL KOPERBERG, M.P., Minister for Climate Change, Environment and Water Schedule 1 – Amendments [1] Insert after Part 3: Part 4 Principles applicable to dealings in local management areas 22 Lower Murrumbidgee Groundwater Sources The principles listed in Schedule 2 apply to any dealing in the local management areas specifi ed in that schedule but do not apply to dealings by local water utilities. [2] Insert after Schedule 1: Schedule 2 Dealing Principles for the Lower Murrumbidgee Groundwater Sources Local Management Areas (1) Local Management Areas The local management areas referred to in this Schedule are Local Management Area 1 and Local Management Area 2 in the Deep Groundwater Source as defi ned in clause 4 (2) (b) of the Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003 and identifi ed in Figure 1. (2) Principles for Dealings in the Local Management Areas The following principles apply: (1) A licence created under section 71P is prohibited from: (a) nominating a water supply work or group of water supply works within Local Management Area 1 or Local Management Area 2 if a cancelled licence, at the time of its cancellation, nominated a water supply work or group of water supply works outside of Local Management Area 1 or Local Management Area 2, or (b) nominating a water supply work or group of water supply works located within Local Management Area 1 if a cancelled licence, at the time of its cancellation, nominated a water supply work or group of water supply works located in Local Management Area 2. (2) Dealings under section 71Q are prohibited if: (a) the assignment of the share component is from a licence that nominates a water supply work located outside Local Management Area 1 or Local Management Area 2 to a licence that nominates a water supply work located within Local Management Area 1 and Local Management Area 2, or (b) the assignment of the share component is from a licence that nominates a water supply work located in Local Management Area 2 to a licence that nominates a water supply work located in Local Management Area 1. (3) Dealings under section 71T are prohibited if: (a) the assignment of the water allocation is from a licence that nominates a water supply work located outside of Local Management Area 1 or Local Management Area 2 to a licence that nominates a water supply work located within Local Management Area 1 and Local Management Area 2, or (b) the assignment of the water allocation is from a licence that nominates a water supply work located in Local Management Area 2 to a licence that nominates a water supply work located in Local Management Area 1. (4) Dealings under section 71W are prohibited if: (a) the nomination would result in a licence with a nominated water supply work or group of water supply works located outside Local Management Area 1 or Local Management Area 2 nominating an additional water supply work or group of water supply works located within Local Management Area 1 or Local Management Area 2, or (b) the nomination would result in a licence with a nominated water supply work or group of water supply works located within Local Management Area 2 nominating an additional water supply work or group of water supply works located within Local Management Area 1.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 6826 SPECIAL SUPPLEMENT 31 August 2007

Figure 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 31 August 2007 SPECIAL SUPPLEMENT 6827

EXOTIC DISEASES OF ANIMALS ACT 1991 Order – Section 15 Declaration of Restricted Area – McCullys Gap I, IAN JAMES ROTH, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 and pursuant to section 15 of that Act and being of the opinion that the area specifi ed in Schedule 1 may be or become infected with the exotic disease Equine infl uenza hereby declare: 1. the area specifi ed in Schedule 1 to be a restricted area, and 2. that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2. SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as 50 Pretoria Row, McCullys Gap in the State of New South Wales as shown in the map below:

SCHEDULE 2 Classes of animals Horses, mules, donkeys and other animals in the Equidae family. Classes of animal products Animal products from horses, mules, donkeys and other animals in the Equidae family. Classes of fodder and fi ttings All fodder and fi ttings from or used in connection with horses, mules, donkeys and other animals in the Equidae family. Classes of vehicles Any land vehicle or water craft transporting any of the classes of animals, animal products, fodder or fi ttings described in this Schedule. Dated: 30 August 2007. IAN JAMES ROTH, Deputy Chief Veterinary Offi cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 6828 SPECIAL SUPPLEMENT 31 August 2007

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER – Section 15 Declaration of Restricted Area – Hornsby I, IAN JAMES ROTH, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 and pursuant to section 15 of that Act and being of the opinion that the area specifi ed in Schedule 1 may be or become infected with the exotic disease Equine infl uenza hereby declare: 1. the area specifi ed in Schedule 1 to be a restricted area, and 2. that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2. SCHEDULE 1 The area shown in the map below and within the local government area administered by the Council of the Shire of Hornsby.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 31 August 2007 SPECIAL SUPPLEMENT 6829

EXOTIC DISEASES OF ANIMALS ACT 1991 Appointment of Inspectors I, IAN JAMES ROTH, Deputy Chief Veterinary Ofﬁ cer, in accordance with the terms of my appointment pursuant to section 66 (2) of the Exotic Diseases of Animals Act 1991 (“the Act”), and pursuant to section 68 of the Act, appoint the persons included in the classes of persons, and persons, described in the schedule below as Inspectors for the purpose of the exercise and performance of the powers and functions of an Inspector under the Act, from date of appointment until 1 November 2007.

SCHEDULE 1. Persons appointed as Stewards pursuant to the Australian Harness Racing Rules by the Greyhound and Harness Racing Regulatory Authority a body corporate established pursuant to section 4 of the Greyhound and Harness Racing Administration Act 2004. 2. Persons appointed as Stewards pursuant to the Rules of Racing by Racing NSW a body corporate established pursuant to section 4 of the Thoroughbred Racing Act 1996. 3. Gregory James Caffery. 4. Craig John Suann. 5. Glenn Allen Douglas. Dated this 30th day of August 2007. IAN JAMES ROTH, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 6830 SPECIAL SUPPLEMENT 31 August 2007

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 110 6831

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 111 Friday, 31 August 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

EXOTIC DISEASES OF ANIMALS ACT 1991 Order – Section 15 Declaration of Restricted Area – Bunnan I, BRUCE MORGAN CHRISTIE, Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 and pursuant to section 15 of that Act and being of the opinion that the area specifi ed in Schedule 1 may be or become infected with the exotic disease Equine infl uenza hereby declare: 1. the area specifi ed in Schedule 1 to be a restricted area, and 2. that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2. SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as “Wootton”, being approximately 8km from Bunnan, in the State of New South Wales as shown in the map below: 6832 SPECIAL SUPPLEMENT 5 September 2007

SCHEDULE 2 Classes of animals Horses, mules, donkeys and other animals in the Equidae family. Classes of animal products Animal products from horses, mules, donkeys and other animals in the Equidae family. Classes of fodder and fi ttings All fodder and fi ttings from or used in connection with horses, mules, donkeys and other animals in the Equidae family. Classes of vehicles Any land vehicle or water craft transporting any of the classes of animals, animal products, fodder or fi ttings described in this Schedule. Dated: 31 August 2007. BRUCE MORGAN CHRISTIE, Chief Veterinary Offi cer

EXOTIC DISEASES OF ANIMALS ACT 1991 Notice – Section 18 Entry and Exit Points to Restricted Areas ALL public and private roads intersecting with the boundary of any restricted area, that has been declared or will be declared, pursuant to section 15 of the Exotic Diseases of Animals Act 1991 in relation to the exotic disease Equine infl uenza (‘the restricted areas’) are legal entry and exit points for horses, mules, donkeys and other animals in the Equidae family, the animal products, fodder and fi ttings of these animals, and vehicles transporting such animals, animal products, fodder and fi ttings. The movement of all horses, mules, donkeys and other animals in the Equidae family, and their animal products, fodder and fi ttings, and vehicles transporting such animals, animal products, fodder and fi ttings into, within or out of the restricted areas is prohibited, unless • authorised by a permit issued by an inspector, and • made through the entry and exit points specifi ed in this notice. If there is an inconsistency between this notice and any other notice made pursuant to section 18 of the Exotic Diseases of Animals Act 1991, the other notice prevails to the extent of the inconsistency. Substantial penalties apply for breaches of these movement restrictions. This notice is issued pursuant to section 18 of the Exotic Diseases of Animals Act 1991. Contact NSW Department of Primary Industries on 1800 675 888 for further information. Dated: 29 August 2007. INSPECTOR, NSW Department of Primary Industries

NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 5 September 2007 SPECIAL SUPPLEMENT 6833

EXOTIC DISEASES OF ANIMALS ACT 1991 Order – Section 15 Declaration of Restricted Area – Gloucester I, BRUCE MORGAN CHRISTIE, Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 and pursuant to section 15 of that Act and being of the opinion that the area specifi ed in Schedule 1 may be or become infected with the exotic disease Equine infl uenza hereby declare: 1. the area specifi ed in Schedule 1 to be a restricted area, and 2. that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as 1663 Gloucester Tops Road, Gloucester in the State of New South Wales as shown in the map below:

SCHEDULE 2 Classes of animals Horses, mules, donkeys and other animals in the Equidae family. Classes of animal products Animal products from horses, mules, donkeys and other animals in the Equidae family. Classes of fodder and fi ttings All fodder and fi ttings from or used in connection with horses, mules, donkeys and other animals in the Equidae family. Classes of vehicles Any land vehicle or water craft transporting any of the classes of animals, animal products, fodder or fi ttings described in this Schedule. Dated: 31 August 2007. BRUCE MORGAN CHRISTIE, Chief Veterinary Offi cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 6834 SPECIAL SUPPLEMENT 5 September 2007

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 111 6835

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 112 Monday, 3 September 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Areas – Hunter Valley and Tamworth I, IAN JAMES ROTH, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. revoke each of the orders declared under section 15 of the Act that are listed in Schedule 1 below (“the Orders”); 2. declare the area specifi ed in Schedule 2 to be a restricted area; and 3. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 3.

SCHEDULE 1 Title of Order Date of Order Declaration of Restricted Area – Moonbi 27 August 2007 Declaration of Restricted Area – Woonooka Road Moonbi 29 August 2007 Declaration of Restricted Area – Anambah 29 August 2007 Declaration of Restricted Area – Muswellbrook 29 August 2007 Declaration of Restricted Area – Aberdeen 29 August 2007 Declaration of Restricted Area – East Maitland 29 August 2007 Declaration of Restricted Area – Timbumburi 29 August 2007 Declaration of Restricted Area – McCullys Gap 30 August 2007 Declaration of Restricted Area – Bunnan 31 August 2007 Declaration of Restricted Area - Gloucester 31 August 2007 Declaration of Restricted Area – Eagleton 29 August 2007

SCHEDULE 2 The area shown in the map below and within the local government areas administered by the following councils: Cessnock City Council Dungog Shire Council Gloucester Shire Council Great Lakes Council Liverpool Plains Shire Council 6836 SPECIAL SUPPLEMENT 3 September 2007

Maitland City Council Muswellbrook Shire Council Newcastle City Council Port Stephens Council Singleton Shire Council Tamworth City Council Upper Hunter Shire Council

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6837

SCHEDULE 3 Class of animals All horses. Class of animal products All animal products from horses. Class of fodder and fi ttings All fodder and fi ttings from, or used in connection with, horses. Class of vehicles All vehicles that, since 1 August 2007, have been used in connection with any of the classes of animals, animal products, fodder or fi ttings described in this Schedule. In Schedule 3: “horses” means horses, mules, donkeys and other animals in the Equidae family. Dated: 1 September 2007. IAN JAMES ROTH, Deputy Chief Veterinary Offi cer

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Areas – Amendment 1 I, IAN JAMES ROTH, Deputy Chief Veterinary Ofﬁ cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act, amend each of the orders declared under section 15 of the Act that are listed in Schedule 1 below (“the Orders”) as follows: 1. Schedule 2 to each of the Orders is to be deleted and replaced by Schedule 2 to this Order.

SCHEDULE 1 Title of Order Date of Order Declaration of Restricted Area – Broughton Village 27 August 2007 Declaration of Restricted Area – Moonbi 27 August 2007 Declaration of Restricted Area – Parkes 27 August 2007 Declaration of Restricted Area – Sydney Metropolitan Area and its Environs 27 August 2007 Declaration of Restricted Area – Mount Hunter 28 August 2007 Declaration of Restricted Area – Woonooka Road Moonbi 29 August 2007 Declaration of Restricted Area – Anambah 29 August 2007 Declaration of Restricted Area – Muswellbrook 29 August 2007 Declaration of Restricted Area – Aberdeen 29 August 2007 Declaration of Restricted Area – Moree 29 August 2007 Declaration of Restricted Area – Centennial Park and Redfern 29 August 2007 Declaration of Restricted Area – Lake Macquarie 29 August 2007 Declaration of Restricted Area – East Maitland 29 August 2007 Declaration of Restricted Area – Eagleton 29 August 2007 Declaration of Restricted Area – Terry Hie Hie 29 August 2007 Declaration of Restricted Area – Timbumburi 29 August 2007 Declaration of Restricted Area – Hornsby 30 August 2007 Declaration of Restricted Area – McCullys Gap 30 August 2007 Declaration of Restricted Area – Bunnan 31 August 2007 Declaration of Restricted Area - Gloucester 31 August 2007

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6838 SPECIAL SUPPLEMENT 3 September 2007

SCHEDULE 2 Class of animals All horses. Class of animal products All animal products from horses. Class of fodder and fi ttings All fodder and fi ttings from, or used in connection with, horses. Class of vehicles All vehicles that, since 1 August 2007, have been used in connection with any of the classes of animals, animal products, fodder or fi ttings described in this Schedule. In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family. Dated: 31 August 2007. IAN JAMES ROTH, Deputy Chief Veterinary Offi cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6839

FISHERIES MANAGEMENT ACT 1994

Section 8 Notification – Fishing Closure

Inland Waters and Trout

I, RENATA BROOKS, Deputy Director-General, Agriculture, Fisheries and Regional Relations, pursuant to section 8 of the Fisheries Management Act 1994 (“the Act”) and with the delegated authority of the Minister for Primary Industries and the Director-General of the NSW Department of Primary Industries pursuant to sections 227 and 228 of the Act, do by this notification, prohibit the following:

1. The taking of all species of fish by the methods of fishing specified in Column 1 of Schedules 1 and 2 to this notification, from the waters described opposite in Column 2 of Schedules 1 and 2, subject to the conditions specified opposite in Column 3 of Schedules 1 and 2.

2. The taking of all species of fish by all methods of fishing from the waters described in Schedule 3 to this notification.

3. The taking of fish of the species specified in Column 1 of Schedule 4 to this notification, by the methods of fishing specified opposite in Column 2 of Schedule 4, from the waters described opposite in Column 3 of Schedule 4, for the period described opposite in Column 4 of Schedule 4.

4. The taking of fish of the species specified in Column 1 of Schedule 5 to this notification, by the methods of fishing specified opposite in Column 2 of Schedule 5, from the waters described opposite in Column 3 of Schedule 5, subject to the conditions specified opposite in Column 4 of Schedule 5.

In the Schedules to this notification:

“freshwater” means water in a river or creek that is not subject to tidal influence:

(a) including any body of freshwater that is naturally or artificially stored (such as a freshwater lake, lagoon, dam, reservoir, pond, canal, channel or waterway), but

(b) not including any coastal lake that is intermittently open to tidal influence.

“General Regulation” means the Fisheries Management (General) Regulation 2002.

“inland waters” means waters not subject to tidal influence.

This fishing closure is effective for a period of five (5) years commencing on 3 September 2007, unless sooner amended or revoked.

______

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6840 SPECIAL SUPPLEMENT 3 September 2007

SCHEDULE 1 Traps – All Inland Waters

Column 1 Column 2 Column 3

Methods Waters Conditions By means of traps of every description, The whole of the inland waters of Persons other than except the yabby trap and shrimp trap as NSW including any body of commercial fishers may not prescribed by clauses 63 and 64 freshwater set a yabby trap or a shrimp respectively of the General Regulation trap for longer then 24 unless the use of those methods is hours without lifting those otherwise prohibited under Schedules 3, traps 4 and/or 5 to this fishing closure

SCHEDULE 2 Nets – All Inland Waters

Column 1 Column 2 Column 3

Methods Waters Conditions By means of nets of every description, The whole of the inland waters of Persons other than except the hoop or lift net, hand-hauled NSW including any body of commercial fishers may not yabby net and landing net as prescribed freshwater set a hoop or lift net for by clauses 48, 52 and 53 respectively of longer then 24 hours the General Regulation unless the use of without lifting that net those methods is otherwise prohibited under Schedules 3, 4 and/or 5 to this fishing closure

SCHEDULE 3 Dams and Weirs In Schedule 3: 1. A reference to a river includes its creeks, tributaries, billabongs, and lagoons. 2. All distances referred to are measured along the centreline of the river unless otherwise stated.

The Dumaresq River within 100 metres downstream of the weir face at Bonshaw Weir The Edward River within 80 metres upstream and 70 metres downstream of the weir face at Stevens Weir The Lachlan River within 50 metres upstream and 50 metres downstream of the weir face at Lake Cargellico The Lachlan River within 50 metres upstream and 50 metres downstream of the weir face at Lake Brewster The Lachlan River within 100 metres upstream and 185 metres downstream of the weir face at Willandra Weir The Lachlan River within 400 metres downstream of the weir face at Wyangala Dam to the low level bridge The MacIntyre River within 150 metres upstream and 150 metres downstream of the weir face at Goondiwindi Weir The Macquarie River within 185 metres upstream and 185 metres downstream of the weir face at Burrendong Dam The Macquarie River within the Spillway Channel at Burrendong Dam The Murray River within 130 metres downstream of the weir face at Hume Reservoir The Murray River within 50 metres upstream and 201 metres downstream of the weir face at Yarrawonga Weir The Murray River within 100 metres upstream and 100 metres downstream of the weir face at Torrumbarry (Weir 26) The Murray River at Weir 7 (at Rufus River) within 50 metres upstream and from the downstream end of the lock chamber in a straight line across the river to a point on the NSW bank, 125 metres downstream of where the weir wall adjoins the NSW bank

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6841

The Murray River at Weir 8 (at Wangumma) within 50 metres upstream and from the downstream end of the lock chamber in a straight line across the river to a point on the Victorian bank, 150 metres downstream of where the weir wall adjoins the Victorian bank The Murray River at Weir 9 (at Kulnine) within 50 metres upstream and from the downstream end of the lock chamber in a straight line across the river to a point on the NSW bank, 150 metres downstream of where the weir wall adjoins the NSW bank The Murray River at Weir 10 (at Wentworth) within 50 metres upstream and from the downstream end of the lock training wall in a straight line across the river to a point on the Victorian bank 65 metres downstream of where the weir wall adjoins the Victorian bank The Murray River at Weir 11 (at Mildura) within 50 metres upstream and from a point on the NSW bank 142 metres downstream from where the weir wall adjoins the NSW bank in a straight line across the river to a point on the Victorian bank, 120 metres downstream of where the weir wall adjoins the Victorian bank The Murray River at Weir 15 (at Robinvale) within 50 metres upstream and from the downstream end of the lock chamber in a straight line across the river to a point on the NSW bank, 65 metres downstream of where the weir wall adjoins the Victorian bank The Murray River at Lake Victoria Inlet Regulator (at Frenchmans Creek) within 100 metres upstream and from a point on the northern bank 120 metres downstream of where the regulator adjoins the northern bank of the Frenchman’s Creek to a point on the southern bank, 100 metres downstream of where the regulator adjoins the southern bank of Frenchman’s Creek The Murray River at Lake Victoria Outlet Regulator (at Rufus River) within 100 metres upstream and 100 metres downstream from the centre of the regulator wall The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Gogeldrie Weir The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Yanco Creek Weir The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Berembed Weir The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Redbank Weir (Weir 5) The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Maude Weir (Weir 7) The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Balranald Weir The Murrumbidgee River within 50 metres upstream and 50 metres downstream of the weir face at Hay Weir The Murrumbidgee River within 640 metres downstream of the weir face (in line with the western end of the No.1 power station) at Burrinjuck Dam The Namoi River within 50 metres upstream and 50 metres downstream of the weir face at Manilla Weir The Namoi River within 150 metres downstream of the weir face at Keepit Dam The Swampy Plains River within 120 metres downstream from the Khancoban Dam weir face The Tumut River within 800 metres downstream of the Jounama Dam spillway gates at Jounama Dam The Tumut River within 250 metres downstream of the Blowering Dam power station at Blowering Dam

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6842 SPECIAL SUPPLEMENT 3 September 2007

SCHEDULE 4 Miscellaneous

Column 1 Column 2 Column 3 Column 4

Species Methods Waters Period All species All methods The Mann River and its tributaries upstream of its From 1 August junction with the Clarence River including the to 31 October Nymboida River and its tributaries from its junction (inclusive) in with the Mann River upstream to Platypus Flat, , other each year than those waters described and referred to in Schedule 5 to this notification All species By means of traps The whole of the waters of the Murray River (including From 1 January and nets of every its creeks, tributaries, billabongs, and lagoons) from the to 31 August description, except Yarrawonga Weir, downstream to the Newell highway (inclusive) and 1 the hoop or lift net bridge at Tocumwal December to 31 and the shrimp December trap, as prescribed (inclusive) in by clauses 48 and each year 64 of the General Regulation All species All methods The whole of the waters of the Murray River (including From 1 its creeks, tributaries, billabongs, and lagoons) from the September to 30 Yarrawonga Weir, downstream to the Newell highway November bridge at Tocumwal (inclusive) in each year All species All methods That part of Iron Pot Creek extending 1kilometre From 1 August downstream from the Toonumbar Dam access crossing to 31 October (inclusive) in each year All species All methods That part of Richmond River extending 1 kilometre From 1 August downstream from the Norco Weir to 31 October (inclusive) in each year All species All methods Doon Doon Creek downstream from the Clarrie Hall From 1 August dam wall to the junction with the Tweed River to 31 October (inclusive) in each year Australian bass All methods All waters except the backed up waters of any From 1 June to (Macquaria freshwater impoundments 31 August novemaculeata) (inclusive) in and Estuary perch each year (M. colonorum) River blackfish All methods All waters All year (Gadopsis marmoratus) Eel tailed catfish All methods All western flowing waters except the backed waters of All year (Tandanus the following western impoundments: Ben Chifley tandanus) Dam, Burrendong Dam, Chaffey Dam, Copeton Dam, Keepit Dam, Pindari Dam, Split Rock Dam, Windamere Dam and Wyangala Dam. Murray cod All methods except The whole of the waters of Horseshoe Lagoon on the All year (Maccullochella catch and release Murray River floodplain at West Albury peeli), Golden fishing such that perch (Macquaria any fish caught is ambigua) and to be immediately

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6843

Silver perch returned to the (Bidyanus water with the least bidyanus) possible injury Murray cod All methods The whole of the inland waters of NSW From 1 (Maccullochella September, to 30 peeli) November (inclusive) in each year Murray crayfish All methods The whole of the inland waters of NSW From 1 (Euastacus September to 30 armatus) April (inclusive) in each year All species except The hoop or lift net The whole of the waters of Blowering Dam from All year Murray crayfish as prescribed by upstream of the face of the dam to the confluence of (Euastacus clause 48 of the running waters armatus) General Regulation Murray crayfish All methods The whole of the waters of Blowering Dam from All year (Euastacus upstream of the face of the dam to the confluence of armatus) running waters Spiny crayfish, All methods All waters described and referred to in Schedule 5 to All year Murray or eastern this notification freshwater (Euastacus spp.)

All species The use of live All waters All year birds and mammals as bait Silver perch All methods All waters except the backed up waters of the following All year (Bidyanus impoundments: bidyanus) Ben Chifley Dam, Blowering Dam, Burrendong Dam, Burrinjuck Dam, Chaffey Dam, Copeton Dam, Glenbawn Dam, Glennies Creek Dam, Googong Dam, Hume Weir, Jounama Pondage, Keepit Dam, Lake Albert, Lake Wyangan, Pindari Dam, Split Rock Dam, Windamere Dam, Wyangala Dam and Yass Weir

SCHEDULE 5 General Trout Closure

In Schedule 5:

“attended line” means a line that is within a person’s line of sight and that person remains within 50 metres of the line.

“artificial flies or lures” does not include the use of “power bait™” or any other similar artificial or manufactured bait product.

Column 1 Column 2 Column 3 Column 4

Species Methods Waters Conditions All species All methods Jenolan River. County of Nil Westmoreland: The whole of the waters of that part of Jenolan or Harry’s River, together with all its creeks and tributaries, upwards to its source from a line drawn at right angles across the river at a distance of 850 metres downstream,

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6844 SPECIAL SUPPLEMENT 3 September 2007

measured along the midstream, from the swimming pool (also known as the spawning pool) adjacent to the Hydro-electric Power Station All species All methods (with the Thredbo River and Gaden Trout Nil exception that persons Hatchery. County of Wallace: All employed by the NSW artificial ponds and other waters Department of Primary within the boundaries of the Gaden Industries may take fish Trout Hatchery at Jindabyne and the in accordance with the whole of the waters of that part of management the Thredbo River (or Crackenback arrangements of the River) from the upstream extremity Gaden Trout Hatchery) of the public reserve known as ‘Paddy’s Corner’, upstream for a distance of 2.4 kilometres (being those waters adjacent to the Gaden Trout Hatchery) and including the whole of Sawpit Creek from its confluence with the Thredbo River All species All methods (with the Serpentine River and Dutton Trout Nil exception that persons Hatchery. County of Clarke: All employed by the NSW artificial ponds and other waters Department of Primary within the Dutton Trout Hatchery Industries may take fish boundaries at Ebor, including that in accordance with the part of the Serpentine River from management the weir above the hatchery, arrangements of the downstream approximately 2.4 Dutton Trout Hatchery) kilometres to the top of the Serpentine Falls All species All methods other than: The waters described in Table A1 EXCEPT: a) one attended rod and below (except Thompsons Creek 1 When taking Atlantic salmon line with not more Dam and Black Lake) (Salmo salar), brook trout than 2 hooks (Salvelinus fontinalis), brown attached, those hooks trout (Salmo trutta) and rainbow being artificial flies trout (Oncorhynchus mykiss), or lures, and with not the maximum quantity that a more than 3 treble person may take on any one day hooks, or 3 double is 2 and the maximum quantity hooks, attached to that a person may have in their any lure; and possession is 4 – consisting of b) a landing net as any single species or a prescribed by clause combination of species. 53 of the General 2 From the Tuesday after the June Regulation (Queen’s Birthday) long weekend until midnight on the last Friday before the start of the October (Labour Day) long weekend (inclusive) in each year, the taking of all species of fish by all methods is prohibited. All species All methods other than: Thompsons Creek Dam EXCEPT: a) one attended rod and 1 When taking Atlantic salmon line with not more (Salmo salar), brook trout than 3 hooks (Salvelinus fontinalis), brown attached, those hooks trout (Salmo trutta) and rainbow being artificial flies trout (Oncorhynchus mykiss), or lures, and with not the maximum quantity that a more than 3 treble person may take on any one day hooks, or 3 double is 2 and the maximum quantity hooks, attached to that a person may have in their any lure; and possession is 4 – consisting of

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6845

b) a landing net as any single species or a prescribed by clause combination of species. 53 of the General 2 From 3 hours after sunset to 1 Regulation hour before sunrise each night in each year, the taking of all species of fish by all methods is prohibited. All species All methods other than: Black Lake EXCEPT: a) one attended rod and 1 When taking Atlantic salmon line with not more (Salmo salar), brook trout than 3 hooks (Salvelinus fontinalis), brown attached, those hooks trout (Salmo trutta) and rainbow being artificial flies trout (Oncorhynchus mykiss), or lures, and with not the maximum quantity that a more than 3 treble person may take on any one day hooks, or 3 double is 2 and the maximum quantity hooks, attached to that a person may have in their any lure; and possession is 4 – consisting of b) a landing net as any single species or a prescribed by clause combination of species. 53 of the General Regulation Atlantic salmon All methods other than: The waters described in Table A2 1 The fish must be a minimum (Salmo salar), a) one attended rod and below size of 50 centimetres. brook trout line with not more 2 The maximum quantity that a (Salvelinus than 2 hooks person may take on any one day fontinalis), brown attached, those hooks is 1 and the maximum quantity trout (Salmo being artificial flies that a person may have in their trutta) and or lures, and with not possession is 2 – consisting of rainbow trout more than 3 treble any single species or a (Oncorhynchus hooks, or 3 double combination of species. mykiss). hooks, attached to 3 The methods specified in any lure; and column 2 and the conditions in b) a landing net as points 1 & 2 in column 4 apply prescribed by clause from 1 May to the Monday of 53 of the General the June (Queen’s Birthday) Regulation long Weekend (inclusive), in each year. 4 From the Tuesday after the June (Queen’s Birthday) long weekend until midnight on the last Friday before the start of the October (Labour Day) long weekend (inclusive) in each year, the taking of all species of fish by all methods is prohibited. All species All methods other than: The waters described in Table B1 EXCEPT: a) one attended rod and below 1 When taking Atlantic salmon line with not more (Salmo salar), brook trout than 2 hooks attached (Salvelinus fontinalis), brown and with not more trout (Salmo trutta) and rainbow than 3 treble hooks, trout (Oncorhynchus mykiss), or 3 double hooks, the maximum quantity that a attached to any lure; person may take on any one day and is 5 and the maximum quantity b) a landing net as that a person may have in their prescribed by clause possession is 10 – consisting of 53 of the General any single species or a Regulation combination of species 2 From the Tuesday after the June (Queen’s Birthday) long

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6846 SPECIAL SUPPLEMENT 3 September 2007

weekend until midnight on the last Friday before the start of the October (Labour Day) long weekend (inclusive) in each year, the taking of all species of fish by all methods is prohibited. All species All methods other than: The waters described in Table B2 EXCEPT: a) two attended rods and below 1 When taking Atlantic salmon lines with not more (Salmo salar), brook trout than 2 hooks attached (Salvelinus fontinalis), brown or up to 3 hooks trout (Salmo trutta) and rainbow attached where those trout (Oncorhynchus mykiss), hooks are artificial the maximum quantity that a flies or lures and with person may take on any one day not more than 3 is 5 and the maximum quantity treble hooks, or 3 that a person may have in their double hooks, possession is 10 – consisting of attached to any lure; any single species or a and combination of species. b) a landing net as 2 When taking Yabby (Cherax prescribed by clause destructor) from the backed up 53 of the General waters of Lake Eucumbene and Regulation Lake Jindabyne, the use of the hoop or lift net as prescribed by clause 48 of the General Regulation is allowed in addition to the methods specified in column 2.

TABLE A1 Artificial fly and lure only waters In Table A1, the waters described include the tributaries upstream from where those waters enter the backed up waters of all impoundments contained in those waters. The backed up waters of those impoundments are not included in the waters of Table A1 except for Black Lake and Thompsons Creek Dam where the backed up waters of impoundments are included.

Southern NSW Trout Waters

BOBUNDARA CREEK County of Wellesley. The whole of the waters of Bobundara Creek and its tributaries upstream from its junction with, but not including, the Snowy river.

EUCUMBENE RIVER County of Wallace. The whole of the waters of the Eucumbene River, its creeks and tributaries upstream from the dam wall of Lake Eucumbene and including Providence Portal.

KHANCOBAN CREEK County of Selwyn: The whole of the waters of Khancoban Creek, together with all of its tributaries, from its confluence with the backed-up waters of Khancoban Pondage upstream to its source and including that part of Broken Back Creek from the wall of Murray 2 Pondage downstream to its confluence with the waters of Khancoban Creek.

KYBEYAN RIVER County of Beresford. The whole of the waters of the Kybeyan River, its creeks and tributaries upstream from its junction with, but not including, the Numeralla River.

MACLAUGHLIN RIVER County of Wellesley. The whole of the waters of the Maclaughlin River, its creeks and tributaries upstream from its junction, but not including, the Snowy River.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6847

MOWAMBA RIVER County of Wallace. The whole of the waters of the Mowamba River (or Moonbah River), its creeks and tributaries upstream from its junction, but not including, the Snowy River.

SWAMPY PLAINS RIVER County of Selwyn. The whole of the waters of the Swampy Plains River, its creeks and tributaries downstream of the southern (upstream) boundary of Khancoban Station and upstream from its junction, but not including, the Murray River.

THREDBO RIVER County of Wallace. The whole of the waters of the Thredbo River (or Crackenback River), its creeks and tributaries upstream from where it enters the backed-up waters of Lake Jindabyne, but not including that portion of the Thredbo River from the upstream extremity of the public reserve known as “Paddy’s Corner”, upstream for a distance of 2.4 kilometres (being those waters immediately adjacent to the Gaden Trout Hatchery or the waters of Sawpit Creek).

FLEA CREEK County of Cowley: The whole of the waters of Flea Creek and its tributaries including Tumbledown Creek and its tributaries upstream of the junction with the Goodradigbee River.

WILDE’S MEADOW County of Camden: The whole of the waters of Wilde’s Meadow Creek CREEK (including its creeks and tributaries, from a point where its visible flow merges with the backed-up waters of the Fitzroy Falls Reservoir, upstream to its source).

BLACK LAKE County of Wellesley. The whole of the waters of Black Lake.

Central NSW Trout Waters

BELL RIVER County of Wellington. The whole of the waters of the Bell River, its creeks and tributaries upstream from the Belgravia Road crossing.

MEADOW CREEK County of Wellington. The whole of the waters of the Meadow Creek (or Molong Creek) and its tributaries upstream from its junction, but not including, Borenore Creek.

THOMPSONS CREEK County of Cook. The whole of the waters of Thompsons Creek Dam (near DAM Lithgow).

TABLE A2

Spawning Streams

In Table A2, the waters described include the tributaries upstream from where those waters enter the backed up waters of all impoundments contained in those waters. The backed up waters of those impoundments are not included in the waters of Table A2.

EUCUMBENE RIVER County of Wallace. The whole of the waters of the Eucumbene River and its tributaries upstream of the dam wall and including the Providence Portal. THREDBO RIVER County of Wallace. The whole of the Thredbo River except for a signposted 2.4km reach at Gaden Trout Hatchery. Note: The signposted 2.4km reach of the Thredbo River at Gaden Trout Hatchery is completely closed to fishing all year round.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6848 SPECIAL SUPPLEMENT 3 September 2007

TABLE B1 General trout waters

In Table B1, the waters described include the tributaries upstream from where those waters enter the backed up waters of all impoundments contained in those waters. The backed up waters of those impoundments are not included in the waters of Table B1.

Southern NSW Trout Waters BEMBOKA RIVER County of Auckland. The whole of the waters of Bemboka River, its creeks and tributaries upstream its junction with, and including, Tantawangalo Creek.

GOODRADIGBEE RIVER County of Buccleuch. The whole of the waters of the Goodradigbee River, its creeks and tributaries upstream from where it enters the backed-up waters of Burrinjuck Dam.

INGEEGOODBEE RIVER County of Wallace. The whole of the waters of the Ingeegoodbee River, its creeks and tributaries upstream from the Victorian border.

MACPHERSONS SWAMP County of Buccleuch. The whole of the waters of the Macphersons Creek and CREEK tributaries upstream from where it enters the backed-up waters of Burrinjuck Dam.

MOLONGLO RIVER County of Murray. The whole of the waters of the Molonglo River, its creeks and tributaries upstream from the railway bridge at Burbong.

MURRAY RIVER County of Selwyn. The whole of the waters of the Murray River, its creeks and tributaries upstream from the road bridge at Tintaldra.

MURRUMBIDGEE RIVER County of Cowley. The whole of the waters of the Murrumbidgee River, its creeks and tributaries upstream from its junction with, including, the Bredbo River

QUEANBEYAN RIVER County of Murray. The whole of the waters of the Queanbeyan River, its creeks and tributaries upstream of the fence boundary of the Googong Dam Reservoir (about 1 kilometres downstream of the wall of Googong Dam).

SHOALHAVEN RIVER County of Murray. The whole of the waters of the Shoalhaven River, its creeks and tributaries upstream from its junction with, and including, the Mongarlowe River.

SNOWY RIVER County of Wallace. The whole of the waters of the Snowy River, its creeks and tributaries upstream of the Victorian border.

TUMUT RIVER County of Buccleuch. The whole of the waters of the Tumut River, its creeks and tributaries upstream from its junction with, but not including, the Murrumbidgee River.

TUROSS RIVER County of Dampier. The whole of the waters of the Tuross River, its creeks and tributaries upstream from the Tuross Falls.

Central NSW Trout Waters

BELL RIVER County of Wellington. The whole of the waters of the Bell River, its creeks and tributaries upstream from its junction with, and including, the Molong River.

BELUBULA RIVER County of Bathurst. The whole of the waters of the Belubula River, its creeks and tributaries upstream from the Cherry Tree Falls low level road bridge near Canowindra.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6849

BOREE CREEK County of Ashburnham. The whole of the waters of the Boree Creek and its tributaries upstream from its junction with, but not including, Mandagery Creek.

COXS RIVER County of Westmoreland. The whole of the waters of the Coxs River, its creeks and tributaries upstream from its junction with, but not including, Little River (note: there is an exclusion zone of 3 kilometres around Lake Burragorang).

CUDGEGONG RIVER County of Phillip. The whole of the waters of the Cudgegong River, its creeks and tributaries downstream of the wall of Windermere Dam and upstream from the Lawson Park Weir (Mudgee).

GUINECOR CREEK County of Argyle. The whole of the waters of Guinecor Creek and its tributaries upstream from its junction with, but not including, the Wollondilly River.

KOWMUNG RIVER County of Westmoreland. The whole of the waters of the Kowmung River, its creeks and tributaries upstream from its junction with, and including, Morong Creek (note: there is an exclusion zone of 3 kilometres around Lake Burragorang).

LACHLAN RIVER County of Bathurst. The whole of the waters of the Lachlan River, its creeks and tributaries upstream from the Cowra-Young road bridge.

MACQUARIE RIVER County of Bathurst. The whole of the waters of the Macquarie River, its creeks and tributaries upstream from its junction with, and including, Lewis Ponds Creek.

WOLLONDILLY RIVER County of Argyle. The whole of the waters of the Wollondilly River, its creeks and tributaries upstream from its junction with, and including, the Tarlo River (note: there is an exclusion zone of 3 kilometres around Lake Burragorang).

Northern NSW Trout Waters

APSLEY RIVER County of Vernon. The whole of the waters of the Apsley River, its creeks and tributaries upstream from its junction with, and including, the Tia River.

BARNARD RIVER County of Hawes. The whole of the waters of the Barnard River, its creeks and tributaries upstream from its junction with, and including, Gulf Creek.

BARRINGTON RIVER County of Gloucester. The whole of the waters of the Barrington River, its creeks and tributaries upstream from its junction with, and including, the Moppy River.

BEARDY WATERS County of Gough. The whole of the waters Beardy Waters, its creeks and tributaries upstream from its junction with, and including, Furracabad Creek.

BLICKS RIVER County of Fitzroy. The whole of the waters of the Blicks River, its creeks and tributaries upstream from the road bridge at Dundarrabin.

CARTERS BROOK County of Durham. The whole of the waters of Carters Brook, its creeks and tributaries upstream from its junction with, and including, Stewarts Brook.

CHANDLER RIVER County of Clarke. The whole of the waters of the Chandler River, its creeks and tributaries upstream from its junction with, and including, the Wollomombi River.

COBARK RIVER County of Gloucester. The whole of the waters of the Cobark River, its creeks and tributaries upstream from its junction with, and including, the Dilgry River.

COOPLACURRIPA RIVER County of Hawes. The whole of the waters of the Cooplacurripa River, its creeks and tributaries upstream from its junction with, and including, the Mummel River.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6850 SPECIAL SUPPLEMENT 3 September 2007

DEEPWATER RIVER County of Gough. The whole of the waters of the Deepwater River, its creeks and tributaries upstream of the New England Highway road bridge near Deepwater.

DUNGOWAN CREEK County of Parry. The whole of the waters of Dungowan Creek and its tributaries upstream from the road crossing near Ogunbil Station.

GEORGES CREEK County of Hardinge. The whole of the waters of Georges Creek and its tributaries upstream from its junction with, and including, Louisa Creek.

GLOUCESTER RIVER County of Gloucester. The whole of the waters of the Gloucester River, its creeks and tributaries upstream from its junction with, and including, Sharpes Creek.

GUY FAWKES RIVER County of Gresham. The whole of the waters of the Guy Fawkes River, its creeks and tributaries upstream from its junction with, but not including, the Aberfoyle River.

GWYDIR RIVER County of Hardinge. The whole of the waters of the Gwydir River, its creeks and tributaries upstream of the road bridge at Torryburn.

GWYDIR RIVER County of Hardinge. The whole of the waters of the Gwydir River, its creeks and tributaries downstream of Copeton Dam and upstream of its junction with, but not including, Dingo Creek.

HORTON RIVER County of Murchison. The whole of the waters of the Horton River, its creeks and tributaries upstream from its junction with, and including, Cut Road Creek.

HUNTER RIVER County of Brisbane. The whole of the waters of the Hunter River, its creeks and tributaries upstream from its junction with, but not including, Pages Creek.

LAURA CREEK County of Hardinge. The whole of the waters of Laura Creek and its tributaries of the ford at Baldeslie Station.

MACDONALD RIVER County of Vernon. The whole of the waters of the Macdonald River, its creeks and tributaries upstream of the New England Highway road bridge at Bendemeer.

MCINTYRE RIVER County of Gough. The whole of the waters of the McIntyre River, its creeks and tributaries upstream from the road bridge at Elsmore.

MANNING RIVER County of Gloucester. The whole of the waters of the Manning River, its creeks and tributaries upstream from the Gummi Trail crossing.

MOONAN BROOK County of Durham. The whole of the waters of Moonan Brook and its tributaries upstream from its junction with, but not including, the Hunter River.

MOREDUN CREEK County of Hardinge. The whole of the waters of Moredun Creek and its tributaries upstream of the ford immediately below its junction with Limestone Creek.

MULLA CREEK County of Parry. The whole of the waters of Mulla Creek and its tributaries upstream from its junction with, but not including, the Cockburn River.

MYALL CREEK County of Hawes. The whole of the waters of Myall Creek and its tributaries upstream from its junction with, and including, Tuggolo Creek.

NOWENDOC RIVER County of Hawes. The whole of the waters of the Nowendoc River, its creeks and tributaries upstream from Nowendoc Falls.

NYMBOIDA RIVER County of Sandon. The whole of the waters of the Nymboida River, its creeks and tributaries upstream from its junction with, and including, Wild Cattle Creek.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6851

OAKY RIVER County of Clarke. The whole of the waters of the Oaky River, its creeks and tributaries upstream from where it enters the backed-up waters of Oaky River Dam.

OBAN RIVER County of Clarke. The whole of the waters of the Oban River (or Ann River), its creeks and tributaries upstream from its junction with, but not including, the Sara River.

OMADALE BROOK County of Durham. The whole of the waters of Omadale Brook and its tributaries upstream from its junction with, and including, Polblue Creek.

STYX RIVER County of Clarke. The whole of the waters of the Styx River, its creeks and tributaries upstream of the road crossing on the Armidale-Bellbrook road, but not including that portion of the Serpentine River upstream from Serpentine Falls to the Point Lookout road crossing (being those waters immediately adjacent to the Dutton Trout Hatchery).

SWANBROOK CREEK County of Gough. The whole of the waters Swanbrook Creek and its tributaries upstream of the Kings Plain road crossing near Inverell.

WELLINGROVE CREEK County of Gough. The whole of the waters of Wellingrove Creek and its tributaries upstream from the Gwydir Highway road bridge.

TABLE B2

General trout dams

In Table B2 the waters described include the backed up waters of all impoundments and weirs. The tributaries upstream from where those waters enter the backed up waters of all impoundments contained in those waters are not included.

Waters Nearest town BEARDY WATERS DAM GLEN INNES

BEN CHIFLEY DAM BATHURST

CAPTAIN’S FLAT DAM QUEANBEYAN

CARCOAR DAM CARCOAR

COOLUMBOOKA WEIR BOMBALA

DIGGERS CREEK DAM PERISHER VALLEY

DUMARESQ DAM ARMIDALE

FITZROY FALLS RESERVOIR FITZROY FALLS

GEEHI DAM KHANCOBAN

GOOGONG DAM QUEANBEYAN

GOSLING CREEK RESERVOIR ORANGE

GUTHEGA LAKE JINDABYNE

HAPPY JACKS PONDAGE KHANCOBAN

ISLAND BEND DAM JINDABYNE

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6852 SPECIAL SUPPLEMENT 3 September 2007

JOUNAMA PONDAGE TALBINGO

KHANCOBAN PONDAGE KHANCOBAN

LAKE BATHURST TARAGO

LAKE CANOBOLAS ORANGE

LAKE CRACKENBACK THREDBO

LAKE EUCUMBENE ADAMINABY

LAKE JINDABYNE JINDABYNE

LAKE LYELL LITHGOW

LAKE WALLACE WALLERAWANG

LAKE WILLIAMS NIMMITABEL

MALPAS DAM ARMIDALE

MARSDEN WEIR GOULBURN

MURRAY 2 PONDAGE KHANCOBAN

PADDY’S RIVER DAM TUMBERUMBA

PEJAR DAM GOULBURN

OBERON DAM OBERON

REDGROUND DAM (Crookwell water supply) CROOKWELL

ROSSI WEIR GOULBURN

SHEBA DAMS NUNDLE

TALBINGO DAM TALBINGO

TANTANGARA DAM ADAMINABY

TOD KILL PARK DAM CROOKWELL

TOOMA DAM KHANCOBAN

TUMUT PONDS ADAMINABY

TUMUT 2 PONDAGE KHANCOBAN

THREE MILE DAM KIANDRA

WENTWORTH FALLS LAKE WENTWORTH FALLS

Dated this 28th day of August 2007.

RENATA BROOKS Deputy Director-General Agriculture, Fisheries and Regional Relations NSW Department of Primary Industries

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 3 September 2007 SPECIAL SUPPLEMENT 6853

FISHERIES MANAGEMENT ACT 1994

Section 11 Notification – Revocation of Fishing Closures

I, RENATA BROOKS, Deputy Director-General, Agriculture, Fisheries and Regional Relations, with the delegated authority of the Minister for Primary Industries and the Director-General of the NSW Department of Primary Industries pursuant to sections 227 and 228 of the Fisheries Management Act 1994 (“the Act”), do by this notification pursuant to section 11 of the Act, revoke the fishing closures with the Government Gazette references and titles set out in Columns 1 and 2 of the Schedule to this notification and any notifications revived as a result of these revocations.

This revocation is effective from 3 September 2007.

Schedule – Revoked Fishing Closures

Column 1 Column 2 Government Gazette Title reference GG No 68 of 07.06.05 NSW Inland Waters at pages 1977 to 1994 (Special Supplement) GG No 87 of 21.05.04 General Trout Closure at page 3041 GG No 154 of 26.09.03 General Trout Closure at pages 9632 to 9637 GG No 198 of 10.12.04 at General Trout Closure page 9106 GG No 61 of 01.05.07 Thredbo and Eucumbene Rivers at pages 2572 to 2574 Spawning Closure (Special Supplement) GG No 198 of 10.12.04 Doon Doon Creek at page 9108 County of Rous GG No 237 of 29.11.02 Freshwater Fishing at page 10154 GG No 50 of 29.04.05 Freshwater Fishing – Murray Crayfish at page 1574 GG No 61 of 01.05.07 Freshwater Fishing – Murray Crayfish at page 2571 (Special Supplement) GG No 121 of 01.08.03 Horseshoe Lagoon – West Albury at page 7568 GG No 201 of 01.11.02 Seasonal Fishing Closure – Murray Cod at page 9369 GG No 94 of 04.06.04 Recreational Bag Limit on Yabbies (Cherax destructor) at page 3425 GG No 160 of 01.10.02 Migrating Bass Stocks in Richmond River catchment at page 8499 (Special Supplement)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6854 SPECIAL SUPPLEMENT 3 September 2007

GG No 118 of 22.09.06 Stevens Weir at page 8104 GG No 161 of 03.10.03 Use of Live Birds and Mammals as bait at page 9924 GG No 165 of 17.10.03 Yabby Trap Bycatch Reduction – NSW Inland Waters at page 10059 GG No 25 of 24.01.03 Zero Bag Limit – Silver Perch – NSW Rivers at page 461

Note: This notification revokes fishing closures that are now included in one fishing closure titled “Inland Waters and Trout.”

Dated this 28th day of August 2007

RENATA BROOKS Deputy Director-General Agriculture, Fisheries and Regional Relations NSW Department of Primary Industries

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 112 6855

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 113 Tuesday, 4 September 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

NSW POLICE FORCE APEC MEETING (POLICE POWERS) ACT 2007 ORDER UNDER SECTION 7 (DESIGNATION OF A RESTRICTED AREA) PURSUANT to section 7 of the APEC Meeting (Police Powers) Act 2007 (“the Act”), I, Robert Sidney Bernard May, Deputy Commissioner of Police, am satisﬁ ed that the area described below, being an area within the declared areas: • is being or will be used directly for or in relation to an event, or the administration, of an APEC meeting, and • the exercise of the special powers conferred by the Act in relation to restricted areas is necessary to promote the security or safety of the venues or facilities for an APEC meeting or participants in the meeting.

Description of area That area comprising; the whole of Bridge Street, excluding its footpaths, east from its intersection with Pitt Street to Macquarie Street; the whole of Gresham Street (from the vehicle search point erected approximately 30 metres south of Bridge Street to Bridge Street); Loftus Street from a point approximately 30 metres south of Bridge Street to gates erected approximately 20 metres north of Bridge Street; Young Street from its intersection with Farrar Place, north to gates erected approximately 40 metres north of Bridge Street; that part of Phillip Street between Chiﬂ ey Square and Bent Street, together with the whole of Phillip Street north of a line approximate to the southern boundary of No 70; the whole of Albert Street, excluding the northern footpath; the whole of Macquarie Street north of a gate erected approximately 30 metres south of the intersection with Bridge Street to a line below the northern edge of the intersection with the Cahill expressway; the whole block bounded by Phillip Street in the east, Albert Street in the north Bridge Street in the south and that part of Bridge Street east and north of the intersection with Macquarie Street, following the northern edge of the kerb to the apron of the Sydney Conservatorium of Music and then in a northerly direction to the Government House Gates then following a line due west to the eastern edge of the exit ramp from the Cahill Expressway to Macquarie Street and then following that eastern edge in a northerly direction around to the intersection of the Cahill Expressway with the western boundary of the western footpath of Macquarie Street and from that point in a line due south to the intersection of Albert Street and Macquarie Street. I, hereby, designate this area to be a restricted area for the period 8pm on Tuesday 4 September 2007 to 6am on Friday 7 September 2007. Signature: Name: R S B May Rank: Deputy Commissioner of Police 4 September 2007 at (Insert time of order) 6856 SPECIAL SUPPLEMENT 4 September 2007

Description of area That area comprising Cumberland Street from the gates erected approximately 10 metres south of Essex Street to the gates erected at a point adjacent to the southern edge of the Cahill Expressway; the whole of Essex Street; that part of George Street, excluding the footpaths, north from its southern intersection with Essex Street to its intersection with a line at the southern edge of the Cahill Expressway; the whole of Alfred Street, excluding the northern footpath; the whole of Albert Street, excluding the northern footpath; the whole of Bridge Street, excluding its footpaths, east from gates erected approximately 20 metres east of its intersection with George Street to Macquarie Street; the whole of Pitt Street, excluding its footpaths, north from gates erected approximately 50 metres south of Bridge Street to its intersection with Alfred Street; the whole of Gresham Street (from the vehicle search point erected approximately 30 metres south of Bridge Street to Bridge Street); Loftus Street from a point approximately 30 metres south of Bridge Street to gates erected approximately 20 metres north of Bridge Street; Young Street from its intersection with Farrar Place, north to gates erected approximately 40 metres north of Bridge Street; that part of Phillip Street between Chiﬂ ey Square and Bent Street, together with the whole of Phillip Street north of Bent Street to its intersection with Alfred Street; the whole of Macquarie Street north of its intersection with Bent Street; including the whole block bounded by Phillip Street in the east, Albert Street in the north Bridge Street in the south and that part of Bridge Street east and north of the intersection with Macquarie Street, and continuing around in an easterly and northerly direction to the apron of the Sydney Conservatorium of Music and the gates of Government House and including the exit ramp from the Cahill Expressway to Macquarie Street ; that portion of the foreshore promenade on the eastern shore of Circular Quay north of a steel fence and gates on the southern property boundary of the Sydney Opera House from Sydney Cove and around to Macquarie Street; that part of the Royal Botanic Gardens north and west of a temporary steel fence erected from the Government House Gates in a line generally north and east to the sea wall at Farm Cove and including the whole Bennelong Peninsula, inlcuding the Sydney Opera House which are north of that fence line. I, hereby, designate this area to be a restricted area for the period 6.00am on Friday 7 September 2007 to 12 midnight on Sunday 9 September 2007. Signature: Name: R S B May Rank: Deputy Commissioner of Police 4 September 2007 at (Insert time of order)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 4 September 2007 SPECIAL SUPPLEMENT 6857

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Wollondilly LGA I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area shown in the map below and within the local government area administered by the Wollondilly Shire Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6858 SPECIAL SUPPLEMENT 4 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 3 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 4 September 2007 SPECIAL SUPPLEMENT 6859

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Baradine I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as “Warrigal”, Newbank Lane, Baradine in the State of New South Wales as shown in the map below.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6860 SPECIAL SUPPLEMENT 4 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 3 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 4 September 2007 SPECIAL SUPPLEMENT 6861

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Gulargambone I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as “Brinalla”, Quambone Road, Gulargambone in the State of New South Wales as shown in the map below.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6862 SPECIAL SUPPLEMENT 4 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 3 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 4 September 2007 SPECIAL SUPPLEMENT 6863

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Narrabri LGA I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area shown in the map below and within the local government area administered by the Narrabri Shire Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6864 SPECIAL SUPPLEMENT 4 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 3 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ ce

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 4 September 2007 SPECIAL SUPPLEMENT 6865

Towards safer mining workplaces PUBLIC COMMENT INVITED on the draft Mine Health and Safety Regulation 2007

Notice is given in accordance with section 5 of the Subordinate Legislation Act 1989 of the release of the draft Mine Health and Safety Regulation 2007 and Regulatory Impact Statement (RIS) for public comment.

The Mine Health and Safety Regulation 2007 will support the Mine Health and Safety Act 2004. The legislation is intended to protect the health, safety and welfare of people working in the NSW metalliferous, extractive and opal mining industries. The Mines Inspection Act 1901 and Mines Inspection General Rule 2000 will be repealed upon commencement of the new legislation.

The Mine Health and Safety Regulation 2007 will also supplement the Occupational Health and Safety Regulation 2001. The Occupational Health and Safety Regulation 2001 sets out safety measures for risks common across all industries, including the mining industry. The Mine Health and Safety Regulation 2007 sets out safety measures for risks that are particular to the mining industry. The Occupational Health and Safety Regulation 2001 will apply to mines in the manner described in the ‘Explanatory Paper: How will the Occupational Health and Safety Regulation 2001 apply to mines?’

The NSW Department of Primary Industries is seeking comment on the draft regulation and RIS. A Public Comment Package is available including the following four documents:

x draft Mine Health and Safety Regulation 2007 x Regulatory Impact Statement x Guide to making public comment on the draft Mine Health and Safety Regulation 2007 x Explanatory paper: How will the Occupational Health and Safety Regulation 2001 apply to mines?

The documents can be accessed online at www.dpi.nsw.gov.au/minerals/safety/legislation/mines or by telephoning NSW DPI on 02 4931 6632.

Submissions should be directed to:

Manager Industry Standards and Practice Mine Safety Performance NSW Department of Primary Industries PO Box 344 Hunter Region Mail Centre NSW 2310

Facsimile: 02 4931 6790

Email: [email protected]

Submissions close at 5pm Friday 28 September 2007

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6866 SPECIAL SUPPLEMENT 4 September 2007

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 113 6867

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 114 Wednesday, 5 September 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER – Section 15 Declaration of Restricted Area – Caroona I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as Caroona Feedlot, Spring Ridge Road, Caroona in the State of New South Wales as shown in the map below. 6868 SPECIAL SUPPLEMENT 5 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 4 September 2007.

STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 114 5 September 2007 SPECIAL SUPPLEMENT 6869

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Wauchope I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as “Walibree” 4302 Oxley Highway, Wauchope in the State of New South Wales as shown in the map below.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 114 6870 SPECIAL SUPPLEMENT 5 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 4 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

NEW SOUTH WALES GOVERNMENT GAZETTE No. 114 5 September 2007 SPECIAL SUPPLEMENT 6871

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Cooyal I, STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area within a ten kilometre (10km) radius of the property known as “Norman Park Stud” 131 Cooyal Lane, Cooyal in the State of New South Wales as shown in the map below.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 114 6872 SPECIAL SUPPLEMENT 5 September 2007

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 4 September 2007. STEPHEN ELLIOTT DUNN, Deputy Chief Veterinary Ofﬁ cer

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 114 6873

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 115 Thursday, 6 September 2007 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

EXOTIC DISEASES OF ANIMALS ACT 1991 Appointment of Inspectors I, BRUCE MORGAN CHRISTIE, Chief Veterinary Ofﬁ cer, pursuant to section 68 of the Exotic Diseases of Animals Act 1991 (“the Act”), appoint the persons named in the schedule below as Inspectors for the purpose of the exercise and performance of the powers and functions of an Inspector under the Act, from date of appointment until 1 November 2007.

Schedule 1. GREGORY CLARK 2. RODNEY HICKS 3. CHARLES MIFSUD 4. BRIAN CUMMING 5. DAVID HALLIDAY 6. JOHN BOWLER 7. MICHELLE ANDERSON 8. CRAIG JONES 9. KIERAN HORKAN 10. NAZRULL CHOWDHURY 11. BELINDA LEO 12. MARTHA KARAM 13. DAMON LEEDER 14. GUY THOMPSON 15. TOM BENNETTS

Dated this 6th day of September 2007.

BRUCE MORGAN CHRISTIE, Chief Veterinary Ofﬁ cer 6874 SPECIAL SUPPLEMENT 6 September 2006

EXOTIC DISEASES OF ANIMALS ACT 1991 ORDER - Section 15 Declaration of Restricted Area – Coonamble LGA I, IAN JAMES ROTH, Deputy Chief Veterinary Offi cer, with the powers the Minister has delegated to me under section 67 of the Exotic Diseases of Animals Act 1991 (“the Act”) and pursuant to section 15 of the Act: 1. declare the area specifi ed in Schedule 1 to be a restricted area; and 2. declare that the classes of animals, animal products, fodder, fi ttings or vehicles to which this order applies are those described in Schedule 2.

SCHEDULE 1 The area shown in the map below and within the local government area administered by the Coonamble Shire Council.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 115 6 September 2006 SPECIAL SUPPLEMENT 6875

In Schedule 2: “horses” means horses, mules, donkeys and other animals in the Equidae family.

Dated: 5 September 2007.

IAN JAMES ROTH, Deputy Chief Veterinary Ofﬁ cer

EXOTIC DISEASES OF ANIMALS ACT 1991 NOTICE – Section 18 Entry and Exit Points to Restricted Areas All public and private roads intersecting with the boundary of any restricted area, that has been declared or will be declared, pursuant to section 15 of the Exotic Diseases of Animals Act 1991 in relation to the exotic disease Equine infl uenza (‘the restricted areas’) are legal entry and exit points for horses, mules, donkeys and other animals in the Equidae family, the animal products, fodder and fi ttings of these animals, and vehicles transporting such animals, animal products, fodder and fi ttings.

The movement of all horses, mules, donkeys and other animals in the Equidae family, and their animal products, fodder and fi ttings, and vehicles transporting such animals, animal products, fodder and fi ttings into, within or out of the restricted areas is prohibited, unless • authorised by a permit issued by an inspector. , and • made through the entry and exit points specifi ed in this notice. If there is an inconsistency between this notice and any other notice made pursuant to section 18 of the Exotic Diseases of Animals Act 1991, the other notice prevails to the extent of the inconsistency. Substantial penalties apply for breaches of these movement restrictions. This notice is issued pursuant to section 18 of the Exotic Diseases of Animals Act 1991. Contact NSW Department of Primary Industries on 1800 675 888 for further information.

Dated: 29 August 2007. INSPECTOR, Nsw Department Of Primary Industries

NEW SOUTH WALES GOVERNMENT GAZETTE No. 115 6876 SPECIAL SUPPLEMENT 6 September 2006

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 115 6877

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 116 Friday, 7 September 2007 Published under authority by Government Advertising

LEGISLATION

Transfer of the Administration of Acts

The Department of Premier and Cabinet, Sydney 5 September 2007

TRANSFER OF THE ADMINISTRATION OF THE LUNA PARK SITE ACT 1990 AND THE SYDNEY ENTERTAINMENT CENTRE ACT 1980

HIS Excellency the Lieutenant Governor, with the advice of the Executive Council, has approved the administration of the Acts as set out in the attached schedule being vested in the Ministers indicated against each Act respectively, subject to the administration of any such Act, to the extent that it directly amends another Act, being vested in the Minister administering the other Act or the relevant portion of it. The arrangements are in substitution for those in operation before the date of this notice.

MORRIS IEMMA, Premier

SCHEDULE

Minister for Planning Crown Lands Act 1989 No 6, so far as it relates to the Luna Park Reserve (within the meaning of the Luna Park Site Act 1990) (remainder, the Minister for Sport and Recreation, jointly the Minister for Climate Change, Environment and Water and the Minister Assisting the Minister for Climate Change, Environment and Water (Environment), and the Minister for Lands) Luna Park Site Act 1990 No 59 Sydney Entertainment Centre Act 1980 No 135

Minister for Sport and Recreation Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Parramatta Park, reserve number D500239, the Crown Reserve known as Wollongong Sportsground, reserve number D580096 for public recreation and tourist purposes, in the Parish of Wollongong, County of Camden, the Crown Reserve known as Newcastle International Sports Centre, reserve number D84753 for public recreation, in the Parish of Newcastle, County of Northumberland, and the Crown Reserve known as Newcastle Showground, reserve number D570083 for showground, in the Parish of Newcastle, County of Northumberland (remainder, the Minister for Planning, jointly the Minister for Climate Change, Environment and Water and the Minister Assisting the Minister for Climate Change, Environment and Water (Environment), and the Minister for Lands). 6878 LEGISLATION 7 September 2007

Minister for Lands Crown Lands Act 1989 No 6 (except parts, jointly the Minister for Climate Change, Environment and Water and the Minister Assisting the Minister for Climate Change, Environment and Water (Environment), parts, the Minister for Planning, and parts, the Minister for Sport and Recreation).

Minister for Climate Change, Environment and Water Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Jenolan Caves Reserves, reserve number 190075 for preservation of caves, preservation of fauna, preservation of native ﬂ ora and public recreation and the land dedicated for the public purpose of accommodation house D590137, in the Parishes of Jenolan, Bombah and Bouverie, Counties of Westmoreland and Georgiana, jointly with the Minister Assisting the Minister for Climate Change, Environment and Water (Environment) (remainder, the Minister for Sport and Recreation, the Minister for Planning and the Minister for Lands).

Minister Assisting the Minister for Climate Change, Environment and Water (Environment) Crown Lands Act 1989 No 6, so far as it relates to the Crown Reserve known as Jenolan Caves Reserves, reserve number 190075 for preservation of caves, preservation of fauna, preservation of native ﬂ ora and public recreation and the land dedicated for the public purpose of accommodation house D590137, in the Parishes of Jenolan, Bombah and Bouverie, Counties of Westmoreland and Georgiana, jointly with the Minister for Climate Change, Environment and Water (remainder, the Minister for Sport and Recreation, the Minister for Planning and the Minister for Lands).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6879

Regulations

New South Wales

Banks and Bank Holidays Regulation 2007

under the Banks and Bank Holidays Act 1912

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Banks and Bank Holidays Act 1912.

JOHN DELLA BOSCA, M.L.C., MinisterMinister forfor IndustrialIndustrial RelationsRelations Explanatory note The object of this Regulation is to provide that the public holiday of 7 September 2007 appointed to facilitate the holding of an Asia-Pacific Economic Cooperation (APEC) meeting in Sydney is taken not to be a business day for the purposes of Part 4 of the Dust Diseases Tribunal Regulation 2007. This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989—namely, matters of a savings or transitional nature. This Regulation is made under the Banks and Bank Holidays Act 1912, including section 23 (the general regulation-making power) and Schedule 5.

s2007-343-04.d02 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6880 LEGISLATION 7 September 2007

Clause 1 Banks and Bank Holidays Regulation 2007

Banks and Bank Holidays Regulation 2007 under the Banks and Bank Holidays Act 1912

1 Name of Regulation This Regulation is the Banks and Bank Holidays Regulation 2007.

2 APEC public holiday taken not to be a business day The APEC public holiday (within the meaning of Part 3 of Schedule 5 to the Banks and Bank Holidays Act 1912) is taken not to be a business day for the purposes of Part 4 of the Dust Diseases Tribunal Regulation 2007.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6881

New South Wales

Radiation Control Amendment (Miscellaneous) Regulation 2007

under the Radiation Control Act 1990

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Radiation Control Act 1990.

P. C. KOPERBERG, M.P., MinisterMinister forfor ClimateClimate Change,Change, EnvironmentEnvironment andand Water Water Explanatory note The object of this Regulation is to amend the Radiation Control Regulation 2003 (the principal Regulation): (a) to exempt dentists, dental auxiliaries and dentistry students registered under the Dental Practice Act 2001 from the requirement to be licensed under the Radiation Control Act 1990 (the Act) in relation to the use for diagnostic purposes, or the sale, of extra-oral x-ray apparatus used with intra-oral image receptors, subject to specified conditions being met, and (b) to authorise the Minister to grant exemptions from compliance with section 6 (which provides for restrictions on the possession, use, sale or giving away of radioactive substances and certain radiation apparatus including requiring persons who possess, use, sell or give away such substances and apparatus to be licensed) and section 7 (which provides for the responsibilities of owners of sealed source devices and certain radiation apparatus including requiring them to register such devices and apparatus) of the Act in emergency situations, and (c) to provide for the fees payable for the grant or renewal of a licence under the Act of 1 year’s duration (being $117 and $67, respectively) and 3 years’ duration (being $226 and $176, respectively), and (d) to clarify that an employer is responsible for providing personal monitoring devices (which detect and measure radiation exposure) to relevant employees in accordance with clause 17 of the principal Regulation and to extend the circumstances in which such devices must be provided, and (e) to clarify that “effective doses” (as defined) are the relevant doses of radiation for the purposes of determining whether a radiation accident has occurred, and

s2007-124-43.d05 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6882 LEGISLATION 7 September 2007

Radiation Control Amendment (Miscellaneous) Regulation 2007

Explanatory note

(f) to extend the current exemptions from licensing requirements under section 6 (in relation to the possession, use or sale of radioactive substances, and the use of ionising radiation apparatus) and registration requirements under section 7 (in relation to sealed source devices) and section 8 (in relation to premises on which radioactive substances not contained in a sealed source device are kept or used) of the Act. This Regulation is made under the Radiation Control Act 1990, including sections 6, 11, 39 and 40 (the general regulation-making power).

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6883

Radiation Control Amendment (Miscellaneous) Regulation 2007 Clause 1

Radiation Control Amendment (Miscellaneous) Regulation 2007 under the Radiation Control Act 1990

1 Name of Regulation This Regulation is the Radiation Control Amendment (Miscellaneous) Regulation 2007.

2 Amendment of Radiation Control Regulation 2003 The Radiation Control Regulation 2003 is amended as set out in Schedule 1.

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6884 LEGISLATION 7 September 2007

Radiation Control Amendment (Miscellaneous) Regulation 2007

Schedule 1 Amendments

(Clause 2) [1] Clause 8A Insert after clause 8:

8A Exemptions from section 6 licensing requirements for dental profession in relation to use of certain radiation apparatus (1) A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes, or the sale, of extra-oral x-ray apparatus used with intra-oral image receptors if the person: (a) is registered as a dentist or a dental auxiliary under the Dental Practice Act 2001, and (b) meets all applicable requirements of the Code of Practice for Radiation Protection in Dentistry in relation to the use of the apparatus. (2) A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes of extra-oral x-ray apparatus used with intra-oral image receptors if the person: (a) is registered as a dentistry student or a dental auxiliary student under the Dental Practice Act 2001, and (b) is subject to: (i) immediate supervision at all times while the person is using the apparatus during clinical experience in the course of training, and (ii) general supervision at all other times. (3) In this clause: Code of Practice for Radiation Protection in Dentistry means the Code so entitled, published by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency, as in force from time to time. general supervision means supervision by a qualified person who oversees the person being supervised and ensures that the person follows safe radiation work practices in relation to the use of the apparatus in respect of which the supervision is required.

Page 4

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6885

Radiation Control Amendment (Miscellaneous) Regulation 2007

Amendments Schedule 1

immediate supervision means supervision by a qualified person who is present at all times during, and is observing and directing, the use by the person being supervised of the apparatus in respect of which the supervision is required. qualified person means a person who satisfies the requirements of subclause (1) (a) and (b).

[2] Clause 11B Insert after clause 11A:

11B Exemptions by Minister in emergencies (1) The Minister is authorised to grant to any person or class of persons an exemption from compliance with section 6 or 7 of the Act in an emergency situation (for example, a situation resulting from a malicious act or a threatened malicious act involving radioactive sources). (2) An exemption: (a) is effected by order made by the Minister, and (b) takes effect when the order is made or on a later date specified in the order. (3) An order is to be published in the Gazette as soon as practicable after it is made. (4) An exemption may be unconditional or may be subject to conditions specified in the order. Note. Section 39 (2) and (3) of the Act make further provision with respect to the Minister’s granting of exemptions. [3] Clause 13 Fees Omit the matter relating to “Licence under section 6 of the Act” from the Table to the clause. Insert instead:

Licence under section 6 of the Act $117 for a licence the duration of which is 1 year $226 for a licence the duration of which is 3 years

Page 5

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6886 LEGISLATION 7 September 2007

Radiation Control Amendment (Miscellaneous) Regulation 2007

Schedule 1 Amendments

[4] Clause 13, Table Omit the matter relating to “Renewal of licence under section 11 of the Act”. Insert instead:

Renewal of licence under section 11 of the $67 for a renewed licence the Act duration of which is 1 year $176 for a renewed licence the duration of which is 3 years

[5] Clause 17 Personal monitoring devices Omit “ensure that” from clause 17 (1). Insert instead “provide”.

[6] Clause 17 (1) Omit “are issued”.

[7] Clause 17 (1) (g) Insert after clause 17 (1) (f): (g) servicing of ionising radiation apparatus or devices containing radioactive substances.

[8] Clause 17 (2) Omit “issued”. Insert instead “provided”.

[9] Clause 26 Certain occurrences are taken to be radiation accidents Omit “a dose” from clause 26 (1) (a). Insert instead “an effective dose”.

[10] Schedule 3 Exemptions from licensing Omit item 4 of Part 1. Insert instead: 4 Self-shielded irradiators (that is, gamma irradiators in which the radioactive substance is completely enclosed in a dry container constructed of solid material that shields the radioactive substance)

[11] Schedule 3, Part 2 Insert after item 7: 8 Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6887

Radiation Control Amendment (Miscellaneous) Regulation 2007

Amendments Schedule 1

[12] Schedule 3, Part 3 Omit “installed in a fixed position” from item 2.

[13] Schedule 3, Part 3 Insert after item 3: 4 X-ray apparatus used for radiation gauging and installed in a fixed position

[14] Schedule 3A Exemptions from application of section 7 of Act Insert after item 2: 3 A device that contains a sealed radioactive source used only as a laboratory reference source, having a level of activity of less than 40 megabecquerels

[15] Schedule 3B Exemptions from application of section 8 of Act Insert after item 7: 8 Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels

Page 7

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6888 LEGISLATION 7 September 2007

Rules

New South Wales

Criminal Appeal Rules (Amendment No 1) 2007

under the Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 30 August 2007.

Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to amend the Criminal Appeal Rules so as to require orders under the Criminal Appeal Act 1912 to be entered, and to enable them to be set aside and varied, in ways similar to those for judgments and orders under the Civil Procedure Act 2005.

s2007-283-18.d09 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6889

Rule 1 Criminal Appeal Rules (Amendment No 1) 2007

Criminal Appeal Rules (Amendment No 1) 2007 under the Supreme Court Act 1970

1 Name of Rules These Rules are the Criminal Appeal Rules (Amendment No 1) 2007.

2 Amendment of Criminal Appeal Rules The Criminal Appeal Rules are amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6890 LEGISLATION 7 September 2007

Criminal Appeal Rules (Amendment No 1) 2007

Amendments Schedule 1

Schedule 1 Amendments

(Rule 2) [1] Existing heading appearing before rule 19 Omit “not to issue for 28 days”.

[2] New heading to be inserted before rule 50A Insert the following heading before rule 50A: Determination of appeals and applications

[3] Rule 50B Insert after rule 50A:

50B Entry of order disposing of appeal or application (1) Any order of the Court is to be entered. (2) Unless the Court orders otherwise, an order is taken to be entered when it is recorded in the Court’s computerised record system. (3) If the Court orders that the Registrar enter an order by signing and sealing a minute of the order, the order is taken to be entered: (a) when a document embodying the order is signed and sealed by the Registrar, or (b) when the order is recorded as referred to in subrule (2), whichever first occurs.

50C Power to set aside or vary order (cf UCPR rule 36.16) (1) The Court may set aside or vary an order if an application for the setting aside or variation is made before entry of the order. (2) If an application for the setting aside or variation of an order is made within 14 days after the order is entered, the Court may determine the matter, and (if appropriate) set aside or vary the order under subrule (1), as if the order had not been entered. (3) Within 14 days after an order is entered, the Court may of its own motion set aside or vary the order as if the order had not been entered. (4) The Court may not extend the time limited by subrule (2) or (3). (5) Nothing in this rule affects any other power of the Court to set aside or vary an order.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6891

Criminal Appeal Rules (Amendment No 1) 2007

Schedule 1 Amendments

[4] Rule 51 Notice of determination of appeal etc Omit “(Forms Nos XI and XII)”.

[5] Rule 53 Omit the rule.

[6] Forms Omit Forms Nos XI and XII.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6892 LEGISLATION 7 September 2007

New South Wales

Supreme Court Rules (Amendment No 412) 2007

under the Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 30 August 2007.

Steven Jupp Secretary of the Rule Committee Explanatory note On 1 January 2008, the Uniform Civil Procedure Rules 2005 will be amended to include a new Part 51. The new Part will provide for rules of court for the Court of Appeal. The object of these Rules is to make consequential amendments to the Supreme Court Rules 1970, including the repeal of the current Part 51 (Court of Appeal).

s2005-680-94.d05 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6893

Rule 1 Supreme Court Rules (Amendment No 412) 2007

Supreme Court Rules (Amendment No 412) 2007 under the Supreme Court Act 1970

1 Name of Rules These Rules are the Supreme Court Rules (Amendment No 412) 2007.

2 Commencement These Rules commence on 1 January 2008.

3 Amendment of Supreme Court Rules 1970 The Supreme Court Rules 1970 are amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6894 LEGISLATION 7 September 2007

Supreme Court Rules (Amendment No 412) 2007

Amendments Schedule 1

Schedule 1 Amendments

(Rule 3) [1] Part 51 Court of Appeal Omit the Part.

[2] Part 60, rule 1A Omit rule 1A (1) (b). Insert instead: (b) subject to subrule (4), under provisions of any of the following rules of court (the relevant rules): (i) these rules, (ii) the Supreme Court (Corporations) Rules 1999, (iii) the Uniform Civil Procedure Rules 2005,

[3] Part 60, rule 1A (2), (4) and (6) Omit “the rules” wherever occurring. Insert instead “the relevant rules”.

[4] Part 61, rule 4 Omit the rule.

[5] Schedule D Powers of associate Judges Omit “Provision of these rules” from Column 1 of Part 2. Insert instead:

Rules of court and provision Supreme Court Rules 1970:

[6] Schedule D, Part 2 Omit the matter relating to Part 51.

[7] Schedule D, Part 2 Insert at the end of the Part:

Uniform Civil Procedure Rules 2005: Part 51 Court of Appeal

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6895

Supreme Court Rules (Amendment No 412) 2007

Schedule 1 Amendments

[8] Schedule F Forms Omit “Part 51 rules 49 and 57 and Forms 60, 60AA, 62, 62A, and 62AA (Court of Appeal),” from paragraph 3 of the Explanatory notes at the beginning of the Schedule.

[9] Schedule F, Form 16 Omit “(where Part 51 rule 20 or Part 51AA rule 13B applies add and submits to the orders of the Court, save as to costs)”.

[10] Schedule F, Forms 59–62AA1 Omit the Forms.

[11] Schedule F, Index of Forms Omit the matter relating to Forms 59–62AA1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6896 LEGISLATION 7 September 2007

New South Wales

Supreme Court (Corporations) Amendment (No 7) Rules 2007

under the Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 30 August 2007.

Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to amend the Supreme Court (Corporations) Rules 1999 to enable a company to be identified in various forms set out in those Rules by reference to its ABN (Australian Business Number). The amendments are in line with changes agreed to be implemented by New South Wales and other jurisdictions to their corporations rules.

s2007-297-25.d04 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6897

Rule 1 Supreme Court (Corporations) Amendment (No 7) Rules 2007

Supreme Court (Corporations) Amendment (No 7) Rules 2007 under the Supreme Court Act 1970

1 Name of Rules These Rules are the Supreme Court (Corporations) Amendment (No 7) Rules 2007.

2 Amendment of Supreme Court (Corporations) Rules 1999 The Supreme Court (Corporations) Rules 1999 are amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6898 LEGISLATION 7 September 2007

Supreme Court (Corporations) Amendment (No 7) Rules 2007

Amendments Schedule 1

Schedule 1 Amendments

(Clause 2) [1] Rule 1.4 Expressions used in the Corporations Act Insert in alphabetical order in the note to the rule:

ABN (short for ‘Australian Business Number’)—see section 9

[2] Schedule 1 Forms Omit “ACN” from Forms 1, 9–12, 15 and 16 wherever occurring. Insert instead “ABN or ACN”.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6899

New South Wales

Uniform Civil Procedure Rules (Amendment No 16) 2007

under the Civil Procedure Act 2005

The Uniform Rules Committee made the following rules of court under the Civil Procedure Act 2005 on 30 August 2007.

Jennifer Atkinson Secretary of the Uniform Rules Committee Explanatory note The object of these Rules is to amend the Uniform Civil Procedure Rules 2005 to include provisions relating to practice and procedure in the Court of Appeal.

s2005-679-94.d20 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6900 LEGISLATION 7 September 2007

Rule 1 Uniform Civil Procedure Rules (Amendment No 16) 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007 under the Civil Procedure Act 2005

1 Name of Rules These Rules are the Uniform Civil Procedure Rules (Amendment No 16) 2007.

2 Commencement These Rules commence on 1 January 2008.

3 Amendment of Uniform Civil Procedure Rules 2005 The Uniform Civil Procedure Rules 2005 are amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6901

Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

Schedule 1 Amendments

(Rule 3) [1] Part 51 Insert after Part 50: Part 51 Court of Appeal

Division 1 Preliminary

51.1 Application of Part (cf SCR Part 51, rule 3) (1) This Part applies to any proceedings (whether or not appeal proceedings) that are assigned to the Court of Appeal. Note 1. Part 50 applies to appeals to the Supreme Court that are not assigned to the Court of Appeal under the Supreme Court Act 1970. See rule 50.1 (a). Note 2. References in this Part to proceedings in the Court generally are references to any proceedings in the Court (including appeal proceedings), except in so far as the context or subject-matter otherwise indicates or requires. (2) Subject to any relevant practice note, this Part extends to proceedings in the Court commenced before 1 January 2008. Note. Section 14 of the Civil Procedure Act 2005 also provides that, in relation to particular civil proceedings, a court may, by order, dispense with any requirement of rules of court if satisfied that it is appropriate to do so in the circumstances of the case. (3) Subject to this Part, the other provisions of these rules apply, so far as applicable, to proceedings in the Court. (4) For the avoidance of doubt, the rules referred to in subrule (3) have effect subject to the following modifications: (a) a reference to a plaintiff includes a reference to a person who commences proceedings in the Court (whether as an appellant or otherwise), (b) a reference to a defendant includes a reference to a respondent (or cross-respondent) in proceedings in the Court, (c) a reference to an originating process includes a reference to a notice of appeal or notice of cross-appeal, (d) such other modifications as are necessary.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6902 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

51.2 Interpretation (cf SCR Part 51, rule 2) In this Part: appeal: (a) includes an appeal from a decision in proceedings in the Supreme Court or a specified tribunal within the meaning of section 48 (1) (a) of the Supreme Court Act 1970, and (b) does not include proceedings to which Part 28 applies (except an appeal from a decision of the Supreme Court in proceedings to which that Part applies), and (c) does not include an application for the variation or discharge of an order of a Judge of Appeal or of the Registrar. Appeal Book—see rules 51.25 and 51.26. appeal proceedings means proceedings in the Court that are commenced by filing and serving a summons seeking leave to appeal or a notice of appeal. appellant means: (a) a party that files a notice of appeal in the Court, and (b) any other party joined as an appellant. applicant means: (a) in relation to a notice of intention to appeal, the person that files and serves the notice under this Part, or (b) in relation to any proceedings in the Court (other than an appeal or cross-appeal): (i) a party that files originating process for the proceedings, and (ii) any other party joined as an applicant. Black Book—see rules 51.26 (1) (b) and 51.28. Blue Book—see rules 51.26 (1) (c) and 51.29. Combined Book—see rule 51.26 (2). Court means the Court of Appeal. Note. Section 13 of the Civil Procedure Act 2005 enables the Chief Justice of the Supreme Court, by instrument in writing, to direct that any function of the Court under that Act or these rules may be exercised by such registrars or other officers of the Supreme Court, and in such circumstances and subject to such conditions, as are specified in the instrument. court below means the court, person or body that made the decision to which a notice of intention to appeal or appeal proceedings relate.

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Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

cross-appellant means a respondent in appeal proceedings who has filed a notice of cross-appeal. decision includes a judgment, order, verdict, opinion, direction or determination. decision below means the decision of the court below to which a notice of intention to appeal or appeal proceedings relate. exhibit includes a document or thing marked for identification (whether or not it is admitted in evidence). interested party means an appellant or interested respondent. interested respondent means a respondent (other than a respondent who is a submitting party). material date, in relation to a decision below to which a notice of intention to appeal or appeal proceedings relate, means: (a) in the case of a judgment given in proceedings in the Supreme Court—the date on which the judgment is given, and (b) in the case of any other judgment in proceedings in the Supreme Court—the date of entry, and (c) in the case of an order in proceedings in the Supreme Court—the date on which the order is made, and (d) in the case of a verdict in proceedings in the Supreme Court—the date on which the verdict is given, and (e) in the case of any other decision (whether in proceedings in the Supreme Court or not)—the date on which the decision is pronounced or given. necessary party means a person required by rule 51.4 to be joined in the proceedings. notice of intention to appeal—see rule 51.6. Orange Book—see rules 51.26 (1) (d) and 51.30. proper officer, in relation to a court or tribunal, means: (a) the registrar, or (b) if there is no registrar, the officer who is responsible for the custody of records and exhibits in the proceedings concerned. prospective respondent, in relation to a notice of intention to appeal, means: (a) a party in the court below, and (b) any other person who would be required by rule 51.4 to be joined in appeal proceedings.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6904 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

Red Book—see rules 51.26 (1) (a) and 51.27. Registrar means the Registrar of the Court. Note. Section 13 of the Civil Procedure Act 2005 enables the Chief Justice of the Supreme Court, by instrument in writing, to direct that any function of the Court under that Act or these rules may be exercised by such registrars or other officers of the Supreme Court, and in such circumstances and subject to such conditions, as are specified in the instrument. relevant originating process means: (a) if leave to appeal or cross-appeal is required—a summons seeking leave to appeal or a cross-summons seeking leave to cross-appeal, or (b) in any other case—a notice of appeal or cross-appeal. Reporting Services Branch means the Reporting Services Branch of the Attorney General’s Department. respondent means any party other than an appellant or applicant. submitting party means a party that has submitted to the judgment of the Court by filing a notice of appearance under rule 6.11. verdict includes a finding or assessment. White Folder—see rule 51.12 (1).

51.3 Application of rules to notices of cross-appeal (cf SCR Part 51, rule 18 (3)) Subject to this Part (particularly, rule 51.17), the rules relating to a notice of appeal extend to a notice of cross-appeal with necessary modifications. Division 2 Parties and appearances

51.4 Parties (cf SCR Part 51, rule 9) (1) Each person who: (a) is directly affected by the relief sought, or (b) is interested in maintaining the decision of the court below, must be joined as a respondent. (2) The court below or other decision-maker is not required to be joined as a respondent in appeal proceedings, but must be joined in other proceedings in the Court. (3) The Court may order the addition or removal of any party. (4) A person must not be made an applicant or appellant without that person’s consent.

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Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

(5) An applicant or appellant who considers that respondents need not be separately represented may notify them that objection will be taken to more than one set of costs being allowed between them. (6) An applicant or appellant who considers that a respondent should file a notice of appearance under rule 6.11 and take no active part in the proceedings may notify that party that objection will be taken to any order for costs, incurred after that date, other than costs as a submitting party, being made in favour of that respondent. (7) The failure by a party to give notice under subrule (5) or (6) does not limit the powers of the Court with respect to the costs of the proceedings.

51.5 No step without notice of appearance (1) Except by leave of the Court, a party may not take any step in proceedings in the Court (including an appearance before the Court) without entering an appearance in the proceedings. (2) Subrule (1) does not apply to a respondent who: (a) applies for an order under rule 12.11 (Setting aside originating process etc), or (b) makes an application in relation to the setting aside or enforcement of a judgment of the Court. (3) A person who is not a party may not take any step in the proceedings (including an appearance before the Court) unless the person has filed a notice of address for service. Division 3 Notices of intention to appeal

51.6 Notices of intention to appeal A notice of intention to appeal is a notice that the applicant intends to file: (a) a notice of appeal, or (b) if necessary, a summons seeking leave to appeal, within 3 months after the material date or such other period as the Court may order.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6906 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

51.7 Notices of intention to appeal cannot be served in certain cases A notice of intention to appeal may not be filed if: (a) a summons seeking leave to appeal or a notice of appeal has been filed, or (b) an Act or statutory rule (other than these rules) specifies the period within which the appeal or an application for leave to appeal must be commenced.

51.8 Filing and service of a notice of intention to appeal (cf SCR Part 51, rules 4 (1) and (2) and 6 (1)) A notice of intention to appeal must be filed and served on each prospective respondent within 28 days after the material date. Note. A person who files and serves a notice of intention to appeal must also file or lodge a copy of the notice with the court below—see rule 51.42.

51.9 Effect of service of notice of intention to appeal (cf SCR Part 51, rules 4 (3)–(7), 4A (2) and 6 (2) and (4)) (1) An applicant who has filed and served a notice of intention to appeal must file and serve the relevant originating process on each necessary party: (a) within 3 months after the material date, or (b) within such other period as the Court may order. (2) An application under subrule (1) (b) may be included in the originating process. (3) The filing and service of a notice of intention to appeal does not operate to commence proceedings in the Court. Division 4 Applications for leave to appeal or cross-appeal Subdivision 1 Making applications for leave

51.10 Filing and service of summons seeking leave to appeal (cf SCR Part 51, rule 4 (1), (3) and (5)–(7)) (1) A summons seeking leave to appeal must be filed and served on each necessary party: (a) if a notice of intention to appeal has been filed and served under this Part—within the time allowed under rule 51.9, or

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Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

(b) in any other case—within 28 days after the material date. Note. A person who files and serves a summons seeking leave to appeal must also file or lodge a copy of the summons with the court below—see rule 51.42. (2) The Court may extend time under subrule (1) (b) at any time. Note. Rule 51.9 provides for the extension of time for the filing and service of a relevant originating process where a notice of intention to appeal has been filed and served under this Part. (3) An application under subrule (2) may be included in the summons seeking leave to appeal.

51.11 Filing and service of cross-summons seeking leave to cross-appeal (cf SCR Part 51, rule 4 (2), (4) and (5)–(7)) (1) A respondent who requires leave to cross-appeal must file a cross-summons seeking leave to cross-appeal and serve it on each necessary party within: (a) 28 days after the filing of a summons seeking leave to appeal, or (b) 28 days after the filing of a notice of appeal, whichever is the earlier. Note. A person who files and serves a cross-summons seeking leave to cross-appeal must also file or lodge a copy of the cross-summons with the court below—see rule 51.42. (2) The Court may extend time under subrule (1) at any time. (3) An application under subrule (2) may be included in the cross-summons seeking leave to cross-appeal. Subdivision 2 Supporting documentation

51.12 Party to file and serve White Folder with summons seeking leave (cf SCR Part 51, rule 4B) (1) A person seeking leave to appeal or cross-appeal (the applicant) must file, in triplicate, a folder (the White Folder) and serve that folder with the summons or cross-summons (as the case may be). Note. Rule 10.1 (1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise. (2) The White Folder must contain: (a) a copy of the summons seeking leave to appeal or cross-summons seeking leave to cross-appeal (as the case may be), and

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6908 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

(b) a summary of the applicant’s argument in accordance with subrule (3), and (c) the reasons for judgment (if any) or the summing up (if any) in the court below, certified by or on behalf of the court below, and (d) a draft notice of appeal or notice of cross-appeal (as the case may be), and (e) any other documents (other than documents to be filed by the respondent) that are necessary for disposal of the application. (3) The summary of argument: (a) must not exceed 10 pages, and (b) must be signed by the barrister or solicitor who prepares it or, where the applicant is not represented by a barrister or solicitor, by the applicant, and (c) must have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (b): (i) the name of the signatory, (ii) a telephone number at which the signatory can be contacted, (iii) if available, the signatory’s facsimile number, (iv) if available, the signatory’s email address. (4) The summary of argument must state: (a) the nature of the applicant’s case, and (b) the questions involved, and (c) briefly, the applicant’s argument, and (d) the reasons why leave should be granted, and (e) any reasons why an order for costs should not be made in favour of the respondent if the application is refused, and (f) whether the applicant consents to the application for leave being dealt with in the absence of the public and without the attendance of any person, and (g) whether the application should be heard with the argument on the appeal, and why, and (h) a list of relevant authorities and legislation. (5) Each White Folder must: (a) be white in colour, and

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Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

(b) be approximately A4 in size, and (c) be covered with a clearview PVC (or similar) binder capable of holding an A4 insert, and (d) be 38 millimetres wide and contain 2 D rings, to hold documents, and (e) contain labelled dividers separating the contents in a convenient way, including dividers to receive the respondent’s documents and the applicant’s reply, and (f) have its pages numbered consecutively.

51.13 Opposing party to file a response (cf SCR Part 51, rule 4C) (1) Subject to subrule (3), a party opposing an application for leave to appeal or cross-appeal (an opposing party) must, within 28 days after the filing of the White Folder or the documents referred to in subrule (3), file the opposing party’s response unless the opposing party is a submitting party. Note. Rule 10.1 (1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise. (2) A response must: (a) state that the opposing party: (i) consents to the leave sought, or (ii) submits to the orders of the Court, or (iii) submits to the orders of the Court save as to costs, or (b) state: (i) briefly, the opposing party’s argument, and (ii) the reasons why leave should or should not be granted, and (iii) whether the opposing party consents to the application for leave being dealt with in the absence of the public and without the attendance of any person, and (iv) whether the application should be heard with the argument on the appeal, and why, and (v) any other relevant matters, including terms to which leave should be subject and contentions concerning costs, and (vi) a list of relevant authorities and legislation.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6910 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

(3) If the opposing party applies for leave to cross-appeal, the opposing party must file with the response the following documents: (a) a copy of the cross-summons seeking leave to cross-appeal, (b) a summary of the opposing party’s argument in favour of leave to cross-appeal, (c) a draft notice of cross-appeal, (d) any other documents, not already filed, other than documents to be filed by the other party, that are necessary for disposal of the application for leave to cross-appeal. Note. Rule 10.1 (1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise. (4) An opposing party wishing to raise a matter that is required to be raised by notice of contention rather than by means of a cross-appeal must file a draft notice of contention with the response. (5) The response, and the summary referred to in subrule (3) (if any), must: (a) not exceed 10 pages, and (b) be signed by the barrister or solicitor who prepares it or, where the opposing party is not represented by a barrister or solicitor, by the party, and (c) have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (b): (i) the name of the signatory, (ii) a telephone number at which the signatory can be contacted, (iii) if available, the signatory’s facsimile number, (iv) if available, the signatory’s email address, and (d) be hole punched for insertion in the White Folder, and (e) have its pages numbered consecutively. (6) The summary referred to in subrule (3) must state: (a) the nature of the opposing party’s case, and (b) the questions involved, and (c) briefly, the opposing party’s argument, and (d) the reasons why leave to cross-appeal should be granted, and

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6911

Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

(e) any reasons why an order for costs should not be made in favour of the applicant for leave to appeal if the application for leave to cross-appeal is refused, and (f) whether the opposing party consents to the application for leave to cross-appeal being dealt with in the absence of the public and without the attendance of any person, and (g) where applicable, that, and the reasons why, it is suitable for oral argument of the cross-appeal to proceed concurrently with the leave application (the cross-appeal being subject to the granting of the application), and (h) a list of relevant authorities and legislation in tabular form. (7) The summary referred to in subrule (3) must contain labelled dividers separating the contents in a convenient way including, if application is made for leave to cross-appeal, a divider to receive the applicant’s response and the opposing party’s reply. Subdivision 3 Powers on applications for leave

51.14 Concurrent hearings in relation to leave applications (1) The Court may deal with applications for the following orders in the absence of the public and without the attendance of any person: (a) an order that 2 or more applications for leave to appeal or cross-appeal be heard concurrently, (b) an order that an application for leave to appeal or cross-appeal be heard concurrently with the argument on the appeal or cross-appeal. Note. Section 46 of the Supreme Court Act 1970 provides that a single Judge of Appeal may exercise the powers of the Court to make an order or give any direction concerning the institution of an appeal or other proceedings in the Court. (2) If the Court makes an order under subrule (1) (b), the parties must, within 28 days (but subject to any directions given by the Court), cause any necessary additional documents to be added to the White Folder.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6912 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

51.15 Court may determine application for leave without attendance (cf SCR Part 51, rule 4D) An application for leave to appeal or to cross-appeal may be dealt with by the Court in the absence of the public and without the attendance of any person if: (a) the application is not opposed, or (b) each active party consents. Division 5 Appeals and cross-appeals Subdivision 1 Institution of appeals and cross-appeals

51.16 Time for filing and service of notice of appeal (cf SCR Part 51, rules 5 and 6 (1) and (3)) (1) A notice of appeal must be filed and served on each necessary party: (a) if the notice of appeal is filed pursuant to leave to appeal— within 7 days after leave is given or such other time as the Court may fix, or (b) if a notice of intention to appeal has been filed and served under this Part and the notice of appeal is not filed pursuant to leave—as allowed under rule 51.9, or (c) if a notice of intention to appeal has not been filed and served under this Part and the notice of appeal is not filed pursuant to leave to appeal—within 28 days after the material date or such other time as the Court may fix. Note 1. Rule 51.20 requires any notice of appeal to specify a return day. Note 2. A person who files and serves a notice of appeal must also file or lodge a copy of the notice with the court below—see rule 51.42 (2) The Court may extend time under subrule (1) (a) or (c) at any time. Note. Rule 51.9 provides for the extension of the time for the filing and service of a relevant originating process when a notice of intention to appeal has been filed and served under this Part. (3) A party applying for an extension under subrule (1) (a) or (c) must lodge and serve the draft notice of appeal with the application.

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51.17 Filing and service of notice of cross-appeal (cf SCR Part 51, rule 18) (1) A respondent who wishes to seek the discharge or variation of the decision below (or part of the decision below) may file and serve a notice of cross-appeal. Note. A respondent to an appeal who is entitled to cross-appeal should file a notice of cross-appeal only if the respondent wishes to vary the decision below. If the respondent wishes to have the decision below affirmed on grounds other than those relied on by the court below, the respondent should file and serve a notice of contention as provided by rule 51.40 rather than a notice of cross-appeal. If the respondent objects to the competency of the appeal, the respondent should file and serve a notice of objection to the competency of the appeal as provided by rule 51.41. (2) A notice of cross-appeal must be filed and served on each necessary party: (a) if the notice of cross-appeal is filed pursuant to leave to cross-appeal—within 7 days after leave to cross-appeal is given or such other time as the Court may fix, or (b) in any other case—within: (i) 14 days after the filing of a summons seeking leave to appeal or a notice of appeal, whichever is the earlier, or (ii) such other time as the Court may fix. Note. A person who files and serves a notice of cross-appeal must also file or lodge a copy of the notice with the court below—see rule 51.42. (3) The Court may extend time under subrule (2) (a) or (b) (ii) at any time. Note. Rule 51.9 provides for the extension of the time for the filing and service of a relevant originating process when a notice of intention to appeal has been filed and served under this Part. (4) A party applying for an extension under subrule (2) must lodge and serve the draft notice of cross-appeal with the application. Subdivision 2 Notices of appeal and cross-appeal

51.18 Contents of notice of appeal (cf SCR Part 51, rule 11) A notice of appeal must state: (a) the statutory provision under which the appeal is brought, and (b) whether it is filed pursuant to leave, and the date leave was given, and (c) whether the appellant has filed and served a notice of intention to appeal, and the date it was served on the

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prospective respondent or on the last of the prospective respondents, and (d) whether the appeal is from the whole or part only, and what part, of the decision below, and (e) briefly, but specifically, the grounds relied on in support of the appeal, and (f) what judgment, order, verdict or determination the appellant seeks, and (g) that, before any attendance before the Court by or on behalf of the respondent, a notice of appearance must be filed if required. Note. Rule 51.5 (2) provides for circumstances in which a respondent need not file a notice of appearance. 51.19 How claims for reinstatement or restitution to be made in appeal or cross-appeal An appellant or cross-appellant who seeks an order for reinstatement or restitution must include in the notice of appeal or notice of cross-appeal: (a) a claim for the order and the form of the order, and (b) where restitution is sought—any claim for interest that is at a rate other than the relevant rate set out in Schedule 5. Note. As to the practice of the Court in awarding interest where money is ordered to be repaid by way of restitution on the setting aside of a judgment, see Heydon v NRMA Ltd (No 2) (2001) 53 NSWLR 600 at 609.

51.20 Notice of appeal to specify return day (cf SCR Part 51, rule 42 (1)) (1) A notice of appeal must state a return day. (2) The return day may be fixed by the Court or obtained from the registry. (3) If a return day is obtained from the registry and the notice of appeal is to be served outside New South Wales, the return day is to be not less than one month after the date of filing of the notice of appeal. Note. Rule 10.18 permits the service of documents (including originating process) to be effected in certain circumstances at the address for service provided for the court below.

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51.21 Alteration of return day in notice of appeal (cf SCR Part 5, rule 5A) The Court may, by notice given to the parties by telephone or otherwise, vary the return day for a notice of appeal to a different day, and may authorise the parties’ solicitors to make corresponding alterations to the copies of the notices of appeal held by them.

51.22 Absence of restrictions on appeals as of right to be shown by affidavit (cf SCR Part 51, rule 8) (1) This rule applies if an appeal or cross-appeal as of right is restricted by any Act by reference to: (a) a specified amount or value, or (b) any other specified circumstance or matter (such as a restriction based on questions of law). (2) The appellant or cross-appellant must, on filing the notice of appeal or cross-appeal, file and serve on each necessary party an affidavit that: (a) identifies the nature of the restriction (including a reference to the provision of the Act that imposes the restriction), and (b) sets out the material facts on which the appellant or cross-appellant relies to show that the restriction does not apply.

51.23 Amendment of notice of appeal (cf SCR Part 51, rule 17) Part 19 (Amendment) applies to the amendment of a notice of appeal in the same way it applies to the amendment of a statement of claim. Note. For example, rule 19.1 provides that a plaintiff may, without leave, amend a statement of claim once within 28 days after the date on which it was filed, but, unless the court otherwise orders, may not amend it after a date has been fixed for trial. Subdivision 3 Appeal Books and other supporting documentation

51.24 Registrar to collect certain papers when notice of appeal filed (cf SCR Part 51, rules 30 and 30A) (1) On the filing of a notice of appeal, the Registrar: (a) may obtain from the Reporting Services Branch the original of the transcript (if any) of the proceedings in the court below, and

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(b) must obtain from the proper officer of the court below: (i) the exhibits, and (ii) the list of exhibits and certificate under rule 51.43, and (iii) all other relevant documents before the court below, together with a list, certified by the proper officer of the court below, and (iv) the reasons for judgment (if any) or the summing up (if any) in the court below certified by or on behalf of the court below. (2) Unless the Appeal Book is prepared by the Registrar, the Registrar must allow the party required to prepare the Appeal Book to have custody of the documents necessary to prepare it. (3) The party having custody of documents pursuant to subrule (2) must return them intact to the Registrar on completion of the Red Book, at which time the Registrar must make them available to other interested parties for the purpose of preparing written submissions and chronologies. (4) Documents are to be made available to more than one party in accordance with an agreed schedule of access or as determined by the Registrar. (5) Subject to this rule, the Registrar must retain the documents obtained under subrule (1) until disposal of the appeal and then return them to the officers or persons from whom they were obtained.

51.25 Preparation of Appeal Book (cf SCR Part 51, rule 31) (1) Unless the Court directs otherwise, the Appeal Book must be prepared by the appellant in accordance with this rule. (2) It must be divided into sections in accordance with rule 51.26. (3) The pages in each section must be numbered consecutively and, if a section exceeds 300 pages, it must be bound in separate volumes of not more than 250 pages. (4) The contents must be printed, or otherwise reproduced, with a 50 millimetre margin on the right hand side of each page and evenly marked in the margin with the letters “A” to “Z”. (5) Each section must have a title page setting out the full and correct title of the proceedings, including the following: (a) title of the court below,

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(b) names of the solicitors for each party, (c) the address for service for each party, (d) the telephone, telex, email address, facsimile and reference number of each party. (6) The index must follow, showing the page number where each document is reproduced and, in the case of exhibits, the page of the Black or Combined Book containing the transcript where the exhibit was marked. (7) If a section is bound in 2 or more volumes, each volume must contain an index of the entire section, unless otherwise directed by the Court. (8) This Subdivision prevails over rule 4.3 to the extent of any inconsistency.

51.26 Division of Appeal Book (cf SCR Part 51, rules 32 and 32A) (1) Subject to subrule (2), the Appeal Book must be divided into the following 4 sections: (a) the formal section in a red cover (the Red Book), (b) the transcript section in a black or grey cover (the Black Book), (c) the document section in a blue cover (the Blue Book), (d) the submissions and chronology section in an orange cover (the Orange Book). (2) If the total number of pages in the Black and Blue Books would not exceed 300, they may be combined in one book with a black or grey cover (the Combined Book).

51.27 Contents of Red Book (cf SCR Part 51, rule 33) The Red Book must contain: (a) an index, and (b) the process and pleadings of every party as last amended and any relevant earlier versions, and (c) a sealed or certified copy of the judgment or order, and (d) the reasons for judgment or summing up below, and (e) the notice of appeal and any notice of cross-appeal and, if available, the notice of contention, and (f) the transcript of the application for leave to appeal or to cross-appeal, if applicable, and

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(g) any affidavit filed pursuant to rule 51.22, and (h) any notice of appearance under rule 6.11 (1).

51.28 Contents of Black Book (cf SCR Part 51, rule 34) (1) Subject to subrules (2) and (3), the Black Book must contain: (a) an index, and (b) the evidence of each witness, and (c) cross-examination, and (d) re-examination, and (e) written submissions, and (f) addresses (if available), and (g) the transcript of the hearing including, where the trial is with a jury, the return of the jury’s verdict, and (h) any written questions submitted to the jury. (2) The transcript, written submissions and addresses are to be included in the Black Book only to the extent that they are necessary for the hearing and determination of the proceedings. (3) If there is no such transcript: (a) a Black Book does not have to be prepared, and (b) a statement to the effect that a Black Book has not been prepared because there is no transcript is to be included in the Orange Book.

51.29 Contents of Blue Book (cf SCR Part 51, rule 35) (1) Subject to subrule (5), the Blue Book must contain: (a) an index, and (b) all documents before the court below (other than those in the Red and Black Books) relevant and necessary for the hearing and determination of the proceedings. (2) An index of the Blue Book must: (a) in the case of affidavits or statements: (i) include reference to each annexure including the first page at which it appears in the book, and (ii) indicate which parts of affidavits, statements and annexures were rejected, not read, or admitted for a limited purpose, and

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(b) in the case of exhibits: (i) give the date of each exhibit and indicate whether it is reproduced in the Appeal Book and the page on which it is located, and (ii) refer to the exhibits in the order they have been lettered or numbered as exhibits, and (iii) refer to the pages of the Black Book where the exhibits were marked, and (iv) where an exhibit consists of a bundle of documents—list each document that forms part of the exhibit and the page on which it is located. (3) If the text of affidavits or statements is reproduced, pages or annexures not admitted in evidence must be excluded or marked to indicate their evidentiary status (as rejected, not read, or admitted for a limited purpose) unless they are relevant to a ground of appeal, cross-appeal or contention. (4) The following provisions apply to exhibits: (a) exhibits must be arranged, not in the order in which they have been lettered or numbered as exhibits, but in chronological order according to their dates or, in the case of manifestly or admittedly misdated documents, their known date, (b) if a document is undated, it must be placed in the sequence contended for by the appellant, but the appellant must inform the respondent of the proposed position and the respondent may require that a “date or order disputed” be inserted in the index against the document, (c) if the exhibits include correspondence that should be read consecutively and not interspersed among other documents, the correspondence must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits, (d) if the exhibits include medical reports: (i) where provided by only one doctor—they must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits, and (ii) where provided by more than one doctor—they must be grouped together by doctor in alphabetical order by surname at a convenient place in relation to the other exhibits and chronologically for each doctor,

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(e) any photographs and plans must be included unless irrelevant to the grounds of appeal, cross-appeal or contention, and if necessary reduced in size, (f) interrogatories, answers and affidavits of documents must only be included to the extent they were put in evidence. (5) If there are no such documents, a Blue Book does not have to be prepared.

51.30 Contents of Orange Book (cf SCR Part 51, rule 35A) The Orange Book must contain: (a) the consolidated index or, if applicable, an index of its contents, and (b) the appellant’s submissions and chronology in their final form with references that comply with rule 51.36 (1) (b), and (c) the submissions and chronologies served on the appellant by other parties in their final form, and (d) any amended notice of appeal, notice of cross-appeal or notice of contention, in their final form, and (e) any statement required by rule 51.28 (3) (b).

51.31 Disputes as to contents of Appeal Book (cf SCR Part 51, rule 36) (1) A party who: (a) objects to the inclusion of material in the Appeal Book on the ground that it is unnecessary or irrelevant, or (b) asserts that further material should be included, must, within 7 days of service of the relevant part of the Appeal Book on the party, serve a written notice containing the party’s objection or assertion on any other interested party. (2) The party preparing the Appeal Books may, with the consent of all other parties (other than a submitting party) add pages to, or delete pages from, the Appeal Book: (a) at any time at least 14 days before the hearing of the appeal, or (b) after that time, with the leave of the Court. (3) If an Appeal Book is amended in accordance with subrule (2), the index to the relevant section and the consolidated index are to be amended accordingly.

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(4) A party who asserts that additional material should be included in the Appeal Book must, unless all other parties who have not submitted have agreed to the inclusion, lodge 4 copies of the additional material and serve 3 copies at least 7 days before the hearing on each other interested party. (5) The additional material referred to in subrule (4) must be indexed and, if it consists of more than 30 pages, bound as a supplementary Black Book or Blue Book (as the case requires).

51.32 Filing, lodgment and service of sections of Appeal Book (cf SCR Part 51, rules 37 and 37AA) (1) The appellant must: (a) within 6 weeks of filing the notice of appeal: (i) file a copy of the Red Book, and (ii) serve 3 copies on each other interested party, and (b) not less than 4 weeks before the date fixed for hearing of the appeal, lodge a further 3 copies of the Red Book with the Registrar. (2) The appellant must, not less than 10 weeks before the date fixed for the hearing of the appeal, serve on each interested party 3 copies of each of the Blue and Black Books or, where relevant, the Combined Book. (3) The appellant must, not less than 4 weeks before the date fixed for the hearing of the appeal: (a) file 4 copies of: (i) each of the Black and Blue Books or, if relevant, the Combined Book, and (ii) the Orange Book, and (b) serve on each interested party 3 copies of the Orange Book.

51.33 Overriding obligation to file Orange Book (cf SCR Part 51, rule 37A) (1) The appellant must ensure that the Orange Book is filed in accordance with rule 51.32 (3) and, where necessary, must arrange to have the timetable prescribed by this Part varied by consent, or by direction of the Court, in order to achieve this overriding obligation. (2) All other parties must cooperate with the appellant to enable the appellant to comply with subrule (1).

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(3) If any default by another party prevents, or is likely to prevent, compliance with subrule (1), the appellant must apply promptly for a directions hearing. Subdivision 4 Written submissions and chronologies

51.34 Filing written submissions and chronologies (cf SCR Part 51, rules 44 and 44A) (1) In any proceedings in which a notice of appeal is filed: (a) each interested party must, unless otherwise directed, file written submissions in accordance with rule 51.36, and (b) the appellant must file a chronology in accordance with rule 51.35. (2) A respondent may file an alternative or supplementary chronology. (3) A party may file one set of amended submissions: (a) if the amendment is of a minor or formal nature or inserts Appeal Book references—without leave, or (b) otherwise—by leave of the Court or with the consent of all other interested parties.

51.35 Appellant’s chronology (cf SCR Part 51, rule 45) The appellant’s chronology must comprise a list of the principal events leading up to the litigation and, where appropriate, events during the litigation, numbered consecutively with the date, a short description of each event, and references to the Appeal Book.

51.36 Content of written submissions (cf SCR Part 51, rules 46 and 46A) (1) Written submissions filed in an appeal must: (a) be divided into paragraphs numbered consecutively, and (b) so far as practicable, refer to matter in the Appeal Book by section name, volume number (if any), page number and letter, and not extract that matter, and (c) so far as practicable, not extract matter in a judicial authority, and (d) be signed by the barrister or solicitor who prepares it or, where the party is not represented by a barrister or solicitor, by the party, and (e) have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (d):

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(i) the name of the signatory, (ii) a telephone number at which the signatory can be contacted, (iii) if available, the signatory’s facsimile number, (iv) if available, the signatory’s email address, and (f) not exceed 20 pages (not counting the pages of any statement included in the submissions for the purposes of subrule (2)). (2) Submissions raising substantial challenges to findings of fact must include a statement in narrative form (not exceeding 20 pages) setting out: (a) the findings challenged, and (b) the findings contended for and the reasons why the Court should substitute those findings, and (c) supporting references to the transcript and other evidence. (3) If damages for death or bodily injury are in issue: (a) the appellant’s written submissions must state: (i) the manner in which the damages were assessed, or in the case of trial by jury, may be supposed to have been assessed, and (ii) the heads of damages that are in issue in the appeal, and (iii) briefly but specifically, the basis of the challenge, and (iv) where applicable—the alternative assessment contended for, and (b) the respondent’s written submissions must state: (i) the extent to which the assessment will be challenged or supported by cross-appeal or contention, and (ii) any alternative assessment sought, and briefly but specifically, the basis for it. (4) The written submissions must address: (a) any claim for an order for reinstatement or restitution and the form of the order sought, and (b) where restitution is sought with interest that is at a rate other than the relevant rate set out in Schedule 5—the rate of interest that should be applied.

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51.37 Time for filing of written submissions and chronologies (cf SCR Part 51, rules 47 and 47A) (1) Written submissions must be filed: (a) by the appellant—within 6 weeks of the notice of appeal being filed, and (b) by the respondent—within 10 weeks of the notice of appeal being filed. (2) Chronologies and amended written submissions must be filed: (a) by the appellant—not less than 10 weeks before the hearing date, and (b) by the respondent—not less than 8 weeks before the hearing date. (3) Compliance with subrule (1) or (2) does not dispense with compliance with rule 51.30 (b) or (c). Note. See also rule 51.33, which contains an overriding obligation to ensure that the Orange Book is filed on time.

51.38 Service of written submissions and chronologies (cf SCR Part 51, rule 48) A party who files a chronology or written submissions must, on the day of filing, serve 3 copies on every other interested party. Subdivision 5 Use of material from leave applications

51.39 Court may order use of White Folder instead of preparation of Appeal Book and submissions The Court may: (a) order that a White Folder be treated as an Appeal Book or written submissions (or both), and (b) make such other ancillary orders as the Court thinks fit. Subdivision 6 Notices of contention and objections to competency

51.40 Notices of contention (cf SCR Part 51, rule 21) A respondent who wishes to contend that the decision below should be affirmed on grounds other than those relied on by the court below, but does not seek a discharge or variation of any part of the orders of the court below: (a) need not file a notice of cross-appeal, and

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(b) must, within 28 days after service on the respondent of the notice of appeal, file and serve on each interested party notice of that contention stating briefly, but specifically, the grounds relied on.

51.41 Objections to competency of appeal (cf SCR Part 51, rule 25) (1) A respondent who objects to the competency of an appeal must, by notice of motion filed and served on all other parties to the appeal within 28 days after service on the respondent of the notice of appeal, apply to the Court for an order dismissing the appeal as incompetent. (2) If the respondent fails to comply with subrule (1) and the appeal is nevertheless dismissed as incompetent: (a) the respondent is not entitled to costs of the appeal unless the Court otherwise orders, and (b) the Court may order the respondent to pay the appellant any costs of the appeal proving useless or unnecessary. Division 6 Effect of applications for leave and appeals on court below

51.42 Copies of notices of intention to appeal, leave applications and summonses to be filed or lodged with court below (cf SCR Part 51, rule 14) A person who files and serves a notice of intention to appeal or relevant originating process must: (a) where it relates to a decision in a Division of the Supreme Court—file a copy of it in the registry of the Division at the same time, or (b) in any other case: (i) file a copy of it in the registry or office of the court below, or (ii) lodge a copy of it with an officer of the court below concerned with its records or process.

51.43 Court below to retain exhibits if its decision is appealable (cf SCR Part 51, rule 29) (1) If an appeal from a decision lies to the Court, by leave or otherwise, the officer of the court below who has custody of the exhibits in the proceedings must, unless the court below orders otherwise, retain them for: (a) 28 days after the material date, and

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(b) if a notice of intention to appeal is filed or lodged—a further 3 months. (2) On the filing or lodgment under rule 51.42 of a copy of a notice of appeal, the proper officer of the court below must make out and certify a list of the exhibits. (3) If an exhibit is not available, the officer certifying must include such information as the officer can to enable the Registrar to obtain the exhibit.

51.44 Appeal proceedings do not operate as stay unless Court or court below directs (cf SCR Part 51, rule 15) (1) Subject to the filing of a relevant originating process, the Court may order that the decision below or the proceedings under the decision be stayed. (2) The filing of a relevant originating process does not: (a) operate as a stay of proceedings under the decision below, or (b) invalidate any intermediate act or proceedings. Division 7 Proceedings other than appeal proceedings

51.45 Summons and written submissions to be filed (cf SCR Part 51, rule 51) (1) Proceedings in the Court (other than appeal proceedings) must be commenced by summons. (2) An applicant in any such proceedings must file written submissions with the summons in accordance with subrule (3). (3) The written submissions must: (a) not exceed 20 pages, and (b) state the jurisdictional basis for the proceedings (whether legislative or at general law), and (c) state the grounds on which relief is sought and, briefly, the applicant’s argument in support of those grounds, and (d) be signed by the barrister or solicitor who prepares the submissions or, where the party is not represented by a barrister or solicitor, by the party, and (e) have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (d): (i) the name of the signatory,

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(ii) a telephone number at which the signatory can be contacted, (iii) if available, the signatory’s facsimile number, (iv) if available, the signatory’s email address. Division 8 Miscellaneous Subdivision 1 Offers of compromise

51.46 Interpretation In this Subdivision: initiating party means an applicant, appellant or cross-appellant (as the case may be). opposite party means a prospective respondent, respondent or cross-respondent (as the case may be). party means an initiating party or opposite party. proceedings in the Court includes a notice of intention to appeal that has been filed even if proceedings in the Court have not been formally commenced.

51.47 Making of offers of compromise (1) In any proceedings in the Court, any party may, by notice in writing, make an offer to any other party to compromise any claim in the proceedings, in whole or in part, on specified terms. (2) The provisions of Division 4 (Compromise) of Part 20 apply to any offer of compromise made under subrule (1), subject to the following modifications: (a) a reference to a court is a reference to the Court, (b) a reference to proceedings is a reference to proceedings in the Court, (c) a reference to a plaintiff is a reference to an initiating party in the Court, (d) a reference to a defendant is a reference to an opposite party in the Court, (e) a reference to a trial is a reference to a hearing in the Court that is not limited to questions of practice or procedure, (f) a reference to a verdict for the defendant is a reference to a judgment for the opposite party, (g) a reference to the period for acceptance for an offer is a reference to the period until:

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(i) the expiration of the time limited by the offer or otherwise 28 days, or (ii) the time when the Court begins to give its decision or reasons for decision, whichever is the earlier, on a judgment (except an interlocutory judgment), whichever first occurs, (h) such other modifications as are necessary.

51.48 Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court (1) If an offer of compromise is made under rule 51.47, Division 3 of Part 42 applies, subject to subrule (2), rule 51.49 and the following modifications: (a) rule 42.13 is to be read as if it provided that the Division applies where an offer of compromise (the offer concerned) is made as provided by rule 51.47 with respect to a plaintiff’s claim (the claim concerned), (b) a reference to a court is a reference to the Court, (c) a reference to proceedings is a reference to proceedings in the Court, (d) in the case of appeal proceedings: (i) a reference to the plaintiff is a reference to the party who was a plaintiff in the court below, and (ii) a reference to the defendant is a reference to the party who was a defendant in the court below, (e) in the case of proceedings in the Court other than appeal proceedings: (i) a reference to the plaintiff is a reference to the applicant, and (ii) a reference to the defendant is a reference to the respondent, (f) a reference to a trial is a reference to a hearing in the Court that is not limited to questions of practice or procedure, (g) a reference to a verdict for the defendant is a reference to a judgment for the defendant, (h) such other modifications as are necessary. (2) If the judgment does not permit the Court to determine whether a provision of Division 3 of Part 42 applies to an offer of compromise under rule 51.47 (for example, because the Court has ordered a retrial or remittal for assessment of damages):

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(a) an order for costs must disregard the offer, and (b) where the Court has ordered a retrial or remittal for assessment of damages: (i) if the offer was made by the plaintiff below—the court below may make a further or different order under rule 42.14 with respect to the plaintiff’s costs in the Court, or (ii) if the offer was made by the defendant below—the Court may stay its order with respect to costs from the relevant date under rule 42.15 (2) (b) or rule 42.15A (2) (b) (as appropriate) and the court below may make a further or different order, or lift the stay, as appropriate.

51.49 Relevance of offers of compromise made in proceedings in court below The Court may have regard to any offer of compromise made (whether under these rules or otherwise) in the court below. Subdivision 2 Powers of Court

51.50 Security for costs (cf SCR Part 51, rule 16) (1) In special circumstances, the Court may order that such security as the Court thinks fit be given for costs of an appeal. (2) Subject to subrules (1) and (3), no security for costs of an appeal is to be required. (3) Subrules (1) and (2) do not affect the powers of the Court under rule 42.21 (which relates to security for costs).

51.51 Additional evidence (cf SCR Part 51, rule 19) (1) This rule applies to an application to receive additional evidence. (2) The application must be made by motion returnable on the return day or, with leave of the Court, on a later day. Note. Part 18 makes provision with respect to motions and notices of motion. (3) The grounds must be stated in an affidavit. (4) Evidence necessary to establish the grounds of the application, and the evidence the applicant wants the Court to receive, must be given by affidavit. (5) The evidence of any party in response must be given by affidavit filed within the time directed by the Court.

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Schedule 1 Amendments

(6) A party must, not later than the time limited for filing an affidavit under this rule: (a) file as many copies of the affidavit as the Court may direct, and (b) serve 3 copies of the affidavit on each other interested party.

51.52 Powers of Court on appeal not limited by certain procedural matters (cf SCR Part 51, rule 22) (1) The Court may exercise its powers under the Civil Procedure Act 2005, the Supreme Court Act 1970 and these rules even if: (a) there is no appeal from some part of the decision below, or (b) a party to the proceedings below has not appealed, or (c) a ground for allowing or dismissing the appeal or varying the decision is not included in any notice of appeal, notice of cross-appeal or notice of contention, or (d) there has been no appeal from some other decision in the proceedings. (2) If a person was not a party to the proceedings in which the decision below was given, but is served with a notice of appeal pursuant to a direction of the Court, the Court may give such decision as might have been given in the court below if the person served had been a party below. (3) The Court may, on terms, make any order to ensure the determination on the merits of the real question in controversy. (4) The Court may make any order that it might make on an application for a new trial or for the setting aside of a verdict or judgment. (5) This rule applies subject to any Act.

51.53 Circumstances in which Court may order new trial (cf SCR Part 51, rule 23) (1) The Court must not order a new trial on any of the following grounds: (a) misdirection, non-direction or other error of law, (b) improper admission or rejection of evidence, (c) that the verdict of the jury below was not taken on a question that the trial judge was not asked to leave to the jury, (d) on any other ground,

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6931

Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

unless it appears to the Court that some substantial wrong or miscarriage has been thereby occasioned. (2) The Court may order a new trial on any question without interfering with the decision on any other question. (3) If it appears to the Court that some ground for a new trial affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only. (4) If the Court makes an order under subrule (2) or (3), it may give such judgment or make such order as the nature of the case requires for the disposal of the remainder of the appeal. (5) If the Court orders a new trial, the Court may: (a) impose conditions on any party for the purposes of the new trial, and (b) direct admissions to be made by any party for the purpose of the new trial, and (c) order that the testimony of any witness examined at the former trial may be read from the transcript, instead of the witness being again examined.

51.54 Reinstatement and restitution (cf SCR Part 51, rule 26) If any step has been taken for the enforcement of a judgment or order that the Court varies or sets aside, the Court may make such orders for reinstatement or restitution as it thinks fit. Note. Rule 51.19 provides for how claims for an order for reinstatement or restitution are to be made in appeals and cross-appeals.

51.55 Short reasons for decision (cf SCR Part 51, rule 59) The Court may, when dismissing an appeal, exercise its power under section 45 (4) of the Supreme Court Act 1970 to give reasons for its decision in short form. Subdivision 3 Discontinuances

51.56 Discontinuance of proceedings in Court (cf SCR Part 51, rules 4A and 6 (5) and (6)) (1) An appellant may discontinue an appeal by filing a notice of discontinuance and serving it on each respondent who has been served with the notice of appeal. (2) The discontinuance of an appeal does not affect any cross-appeal.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6932 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 16) 2007

Schedule 1 Amendments

(3) An application for leave to cross-appeal to the Court is taken to be discontinued when an application for leave to appeal to the Court is discontinued, but only if the party who made the application for leave to cross-appeal has not been served with a notice of appeal in the proceedings. (4) An application for leave to cross-appeal that is taken to be discontinued may be reinstated on application made within 21 days. (5) An application for leave to cross-appeal to the Court is not affected by the discontinuance of any application for leave to appeal to the Court if a notice of appeal has been filed in the proceedings and served on the party who made the application for leave to cross-appeal. (6) This rule does not limit the operation of rule 12.1 in relation to proceedings in the Court. Note. Rules 12.1, 12.3, 12.4 and 42.19 apply, with necessary modifications, in relation to proceedings in the Court. See rule 51.1 (3) and (4). Subdivision 4 Other

51.57 Hearing in fixed vacation (cf SCR Part 51, rule 52) (1) An application for an order that an appeal or other proceedings be heard during the fixed vacation must, unless the Court otherwise orders, be accompanied by: (a) an affidavit showing the grounds on which the application is based, and (b) a draft order. Note. Rule 18.1 requires an interlocutory or other application to a court to be made by motion unless the rules otherwise provide. (2) The application may be dealt with by the Court in the absence of the public and without the attendance of any person.

51.58 Review of order of Judge of Appeal (cf SCR Part 51, rule 56) An application to the Court for the variation or discharge of an order of a Judge of Appeal must be made on notice of motion filed: (a) within 14 days after the date on which the order is made, or (b) within such extended time as the Court may fix.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6933

Uniform Civil Procedure Rules (Amendment No 16) 2007

Amendments Schedule 1

51.59 Review of decisions of Registrar (cf SCR Part 61, rule 4) (1) A Judge of Appeal may exercise the powers of the Court under Part 49 to review a decision of the Registrar. (2) This rule does not limit the powers of the Court to review decisions of the Registrar under Part 49.

[2] Schedule 2 Local rules that prevail over these rules Omit the matter relating to Part 51 (Court of Appeal) of the Supreme Court Rules 1970.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6934 LEGISLATION 7 September 2007

New South Wales

Uniform Civil Procedure Rules (Amendment No 15) 2007

under the Civil Procedure Act 2005

The Uniform Rules Committee made the following rules of court under the Civil Procedure Act 2005 on 30 August 2007.

Jennifer Atkinson Secretary of the Rule Committee Explanatory note The object of these Rules is to amend the Uniform Civil Procedure Rules 2005 in relation to representative proceedings, the variation and revocation of judgments and orders and the review of directions, certificates, orders, decisions and other acts of court registrars.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6935

Rule 1 Uniform Civil Procedure Rules (Amendment No 15) 2007

Uniform Civil Procedure Rules (Amendment No 15) 2007 under the Civil Procedure Act 2005

1 Name of Rules These Rules are the Uniform Civil Procedure Rules (Amendment No 15) 2007.

2 Amendment of Uniform Civil Procedure Rules 2005 The Uniform Civil Procedure Rules 2005 are amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6936 LEGISLATION 7 September 2007

Uniform Civil Procedure Rules (Amendment No 15) 2007

Amendments Schedule 1

Schedule 1 Amendments

(Rule 2) [1] Rule 1.12 Extension and abridgment of time Omit “The court” from rule 1.12 (1). Insert instead “Subject to these rules, the court”.

[2] Rule 7.5 Judgments and orders in proceedings bind represented persons Omit “has, by an order under rule 7.4, been appointed to represent” from rule 7.4 (1). Insert instead “has, pursuant to rule 7.4, represented”.

[3] Rule 7.11 Executors, administrators and trustees Omit “an order has been made under rule 7.4 appointing one or more of them to represent the others” from rule 7.11 (1). Insert instead “one or more of them has represented the others pursuant to rule 7.4”.

[4] Rule 36.16 Further power to set aside or vary judgment or order Omit “its power under subrules (1) and (2), the court may set aside or vary any order (whether or not part of a judgment)” from rule 36.16 (3). Insert instead “its powers under subrules (1) and (2), the court may set aside or vary any judgment or order”.

[5] Rule 36.16 (3A)–(3C) Insert after rule 36.16 (3): (3A) If notice of motion for the setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may determine the matter, and (if appropriate) set aside or vary the judgment or order under subrule (1), as if the judgment or order had not been entered. (3B) Within 14 days after a judgment or order is entered, the court may of its own motion set aside or vary the judgment or order as if the judgment or order had not been entered. (3C) Despite rule 1.12, the court may not extend the time limited by subrule (3A) or (3B).

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6937

Uniform Civil Procedure Rules (Amendment No 15) 2007

Schedule 1 Amendments

[6] Rule 49.19 Omit the rule. Insert instead:

49.19 Review of registrar’s directions, certificates, orders, decisions and other acts (cf SCR Part 61, rule 3; DCR Part 43, rule 15) If in any proceedings a registrar gives a direction or certificate, makes an order or decision or does any other act, the court may, on application by any party, review the direction, certificate, order, decision or other act and make such order, by way of confirmation, variation, discharge or otherwise, as the court thinks fit.

[7] Rule 49.20 Applications generally Omit “appeal must be instituted” from rule 49.20 (2). Insert instead “notice of motion must be filed”.

[8] Rule 49.20 (5) Omit the subrule. Insert instead: (5) For the purposes of this rule, the material date is the date of the direction, certificate, order, decision or other act to be reviewed.

[9] Rule 49.20 (6) (c) Insert “certificate,” after “direction,”.

[10] Rules 49.21–49.24 Omit the rules.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6938 LEGISLATION 7 September 2007

Other Legislation

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the species referred to in paragraph (a) as a critically endangered species under that Act and, as a consequence, to omit reference to that species as an endangered species and, accordingly: (a) Schedule 1A to that Act is amended by inserting in alphabetical order in Part 1 (under the heading “Plants”):

Proteaceae * Persoonia pauciflora P.H. Weston North Rothbury Persoonia

(b) Schedule 1 to that Act is amended by omitting the following matter from Part 1 under the heading “Proteaceae” (under the heading “Plants”):

* Persoonia pauciflora P.H. Weston

Dated, this 24th day day of of August 2007. 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6939

Notice of Final Determination

(b) by contacting the Scientific Committee Unit, by post C/- Department of Environment and Climate Change, PO Box 1967, Hurstville, 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the Department of Environment and Climate Change Information Centre, Level 14, 59-61 Goulburn St, Sydney.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6940 LEGISLATION 7 September 2007

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the species referred to in paragraph (a) as a critically endangered species under that Act and, as a consequence, to omit reference to that species as an endangered species, accordingly: (a) Schedule 1A to that Act is amended by inserting before the heading “Plants” in Part 1:

Animals Vertebrates Birds Psittacidae * Neophema chrysogaster (Latham, 1790) Orange-bellied Parrot

(b) Schedule 1 to that Act is amended by omitting the following matter from Part 1 under the heading “Psittacidae” (under the headings “Animals”, “Vertebrates” and “Birds”):

* Neophema chrysogaster (Latham, 1790) Orange-bellied Parrot Dated, this 24th day of August 2007. Dated, this day of 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6941

Notice of Final Determination

Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.nationalparks.nsw.gov.au, (b) by contacting the Scientific Committee Unit, by post C/- Department of Environment and Climate Change, PO Box 1967, Hurstville, 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the Department of Environment and Climate Change Information Centre, Level 14, 59-61 Goulburn St, Sydney.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6942 LEGISLATION 7 September 2007

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following species as an endangered species under that Act and, accordingly, Schedule 1 to that Act is amended by inserting in Part 1 in alphabetical order under the heading “Goodeniaceae” (under the heading “Plants”):

Dampiera fusca Rajput & Carolin

Dated,Dated, thisthis 24th day day of of August 2007. 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6943

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following species as a vulnerable species under that Act and, accordingly, Schedule 2 to that Act is amended by inserting in Part 1 in alphabetical order under the heading “Fabaceae” (under the heading “Plants”):

Acacia ausfeldii Regel.

Dated,Dated, thisthis 24th day day of of August 2007. 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

s2007-310-25.d03 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6944 LEGISLATION 7 September 2007

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following population as an endangered population under that Act and accordingly, Schedule 1 to that Act is amended by inserting in Part 2 immediately before the heading “Phascolarctidae” (under the headings “Animals”, “Vertebrates” and “Mammals”):

Pseudocheiridae Petauroides volans (Kerr, 1792) Greater Glider population in the Eurobodalla local government area

Dated,Dated, thisthis 24th day day of of August 2007. 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6945

New South Wales

Notice of Final Determination

under the Threatened Species Conservation Act 1995

The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following ecological community as an endangered ecological community under that Act and, accordingly, Schedule 1 to that Act is amended by inserting in Part 3 in alphabetical order:

Southern Sydney sheltered forest on transitional sandstone soils in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community)

Dated,Dated, thisthis 24th day day of of August 2007. 2007.

Professor Lesley Hughes Chairperson of the Scientific Committee

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6946 LEGISLATION 7 September 2007 NSW SCIENTIFIC COMMITTEE

Final Determination

The Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to list the Southern Sydney sheltered forest on transitional sandstone soils in the Sydney Basin Bioregion as an endangered ecological community in Part 3 of Schedule 1 of the Act. Listing of endangered ecological communities is provided for by Part 2 of the Act.

The Scientific Committee has found that:

1. Southern Sydney sheltered forest on transitional sandstone soils in the Sydney Basin Bioregion is the name given to the ecological community characterised by the species assemblage listed in paragraph 2. The community typically has an open forest structure, although disturbance may result in local manifestations as woodland or scrub. The community is typically associated with sheltered heads and upper slopes of gullies on transitional zones where sandstone outcrops may exist, but where soils are influenced by lateral movement of moisture, nutrients and sediment from more fertile substrates, such as shale/ironstone caps or dolerite dykes, in adjacent areas.

2. Southern Sydney sheltered forest on transitional sandstone soils is characterised by the following assemblage of species:

Acacia binervata Acacia linifolia Acacia suaveolens Acacia terminalis Acacia ulicifolia Allocasuarina littoralis Angophora costata Aotus ericoides Banksia ericifolia subsp. ericifolia Banksia oblongifolia Banksia serrata Banksia spinulosa var. spinulosa Billardiera scandens Calochlaena dubia Cassytha pubescens Ceratopetalum gummiferum Corymbia gummifera Dampiera stricta Dianella caerulea Dodonaea triquetra Doryanthes excelsa Elaeocarpus reticulatus Entolasia stricta Epacris longiflora Eucalyptus pilularis Eucalyptus piperita Gahnia sieberiana Gleichenia dicarpa Gonocarpus teucrioides Grevillea oleoides Hakea sericea Hardenbergia violacea Hibbertia aspera subsp. aspera Imperata cylindrica var. major Kunzea ambigua Lepidosperma laterale Leptomeria acida Leptospermum polygalifolium Lepyrodia scariosa Leucopogon lanceolatus var. lanceolatus Lindsaea linearis Lomandra longifolia Lomandra obliqua Lomatia silaifolia Opercularia aspera Persoonia levis Persoonia linearis Persoonia pinifolia Pittosporum undulatum Platylobium formosum Platysace linearifolia Pteridium esculentum Pultenaea daphnoides Selaginella uliginosa

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6947 NSW SCIENTIFIC COMMITTEE

Smilax glyciphylla Xanthorrhoea arborea Xanthosia pilosa

3. The total species list of the community is considerably larger than that given above, with many species present in only one or two sites or in low abundance. The species composition of a site will be influenced by the size of the site, recent rainfall or drought condition and by its disturbance (including fire) history. The number of species, and the above ground relative abundance of species will change with time since fire, and may also change in response to changes in fire regime (including changes in fire frequency). At any one time, above ground individuals of some species may be absent, but the species may be represented below ground in the soil seed banks or as dormant structures such as bulbs, corms, rhizomes, rootstocks or lignotubers. The list of species given above is of vascular plant species; the community also includes micro-organisms, fungi, cryptogamic plants and a diverse fauna, both vertebrate and invertebrate. These components of the community are not well documented.

4. Southern Sydney sheltered forest on transitional sandstone soils is an open forest dominated by eucalypts with scattered subcanopy trees, a diverse shrub layer and well- developed groundcover of ferns, forbs, grasses and graminoids. Some stands may take on structural forms of woodland or scrub, as disturbance associated with past clearing has resulted in reduced density and/or dense regrowth of the tree stratum. The dominant trees include Angophora costata, Eucalyptus piperita and occasionally E. pilularis, particularly around Helensburgh. Corymbia gummifera occurs frequently within the community, although generally at lower abundance than the other eucalypts. An open subcanopy includes Allocasuarina littoralis, Ceratopetalum gummiferum and occasionally Elaeocarpus reticulatus and Pittosporum undulatum. The understorey includes an open, diverse shrub stratum with species of Acacia, Banksia, Persoonia and several other genera. Leptospermum polygalifolium, Leucopogon lanceolatus and Lomatia silaifolia are frequently occurring shrubs, as are Allocasuarina littoralis and some of the other subcanopy tree species. Smilax glyciphylla and several other scramblers frequently occur in the shrub and ground strata. The prominent ground stratum comprises ferns (Calochlaena, Pteridium, Gleichenia, Lindsaea), large emergent tussocks of Doryanthes excelsa and Gahnia sieberiana, and a range of grasses and graminoids including Lomandra longifolia, Entolasia stricta, Imperata cylindrica, Lepidosperma laterale and Lepyrodia scariosa. Herbs, Gonocarpus teucrioides and Dianella caerulea, are also frequent components of the groundcover. There is considerable variation in species composition, richness and structure within the community in response to local edaphic gradients and geographic gradients across the range.

5. Southern Sydney sheltered forest on transitional sandstone soils is primarily associated with the heads and upper slopes of sandstone gullies, which are downslope from residual shale or ironstone caps. This is mainly gentle terrain, with slopes not often exceeding 10q, and sandstone outcrops occur infrequently, relative to sites within well-developed, steeper gullies. The associated shale caps may be weathered to varying degrees, and are sometimes represented only by outcropping ironstone on the adjacent ridges (indicating heavy weathering). Many of these shale and ironstone caps were mapped by Walker (1960) as the Woronora and Hammondville soil groups, although some locations of these soils were apparently overlooked at Walker’s (1960) coarse scale of mapping. In some cases, the transitional edaphic habitat may occur where sandstone overlies shale (e.g.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6948 LEGISLATION 7 September 2007 NSW SCIENTIFIC COMMITTEE

Garrawarra Ridge). The community also occurs on sandstone sites associated with substrates other than shales and ironstones. For example, on the lower alluvial flats of the Hacking River near Audley, colluvial input from steep adjacent sandstone slopes mixes with loamy riverine deposits to create an enriched sandy loam supporting an unusual variant of the community. Another unusual occurrence is associated with a small dolerite dyke in Royal National Park, where lateral movement of sandstone-derived soils mix with more fertile loams derived from the dolerite.

6. Southern Sydney sheltered forest on transitional sandstone soils intergrades with other plant assemblages on sandstone, shale and ironstone substrates. Features that distinguish Southern Sydney sheltered forest of transitional sandstone soils from vegetation more typical of sandstone gullies in the eastern Sydney basin include its occurrences of Eucalyptus pilularis, Acacia binervata, Elaeocarpus reticulatus, Pittosporum undulatum and its relatively dense groundcover of ferns, grasses, rushes, lilies and forbs. These elements are apparently a response to enrichment of sandstone-derived soils from sources of additional nutrients, such as shale/ironstone caps, or rarely dolerite dykes and riparian material, which result in deeper, less rocky, more fertile sandy loams than those typical of sandstone gullies. Forests that occur on shales in the vicinity of Southern Sydney sheltered forest on transitional sandstone soils typically have a greater component of mesophyllous species in their shrub and subcanopy stratum, and trees such as Eucalyptus globoidea, E. resinifera, E. paniculata or Syncarpia glomulifera, which are not common in this community. These latter forests are classified as ‘Sydney Shale-Ironstone Cap Forest’ (map unit p143) by Tindall et al. (2004) and Tozer et al. (2006). This regional- scale map unit includes Endangered Ecological Communities, including Duffys Forest Ecological Community in the Sydney Basin Bioregion and O’Hares Creek Shale Forest.

7. Southern Sydney sheltered forest on transitional sandstone soils includes ‘Tall Blackbutt- Apple Shale Forest’ (map unit 20 of NPWS (2002), map unit 16 of NPWS (2003)). However, the description of this map unit as occurring ‘on remnant shale caps’ (NPWS 2002, 2003) is inaccurate, as the community is associated primarily with transition zones between shale and sandstone (see paragraph 5 above, Orscheg et al. 2006). In the extensive regional vegetation surveys of Tindall et al. (2004) and Tozer et al. (2006), Southern Sydney sheltered forest on transitional sandstone soils is one of several plant assemblages classified within a broader map unit (p140), Coastal Sandstone Gully Forest (Orscheg et al. 2006). Southern Sydney sheltered forest on transitional sandstone soils belongs to the Sydney Coastal Dry Sclerophyll Forests vegetation class of Keith (2004).

8. Southern Sydney sheltered forest on transitional sandstone soils has been recorded from the local government areas of Campbelltown, Hurstville, Kogarah, Sutherland, Wollondilly and Wollongong within the Sydney Basin Bioregion and may occur elsewhere in the Bioregion.

9. Southern Sydney sheltered forest on transitional sandstone soils is found within an estimated total extent of occurrence of less than 45 000 ha, bounded approximately by Hurstville, Carss Park, Bundeena, Otford, Stanwell Tops, Darkes Forest, Punchbowl Creek and Menai. Within this range, the community is currently estimated to occupy an area of approximately 400 - 4 000 ha, (Orscheg et al. 2006). These estimates indicate that the geographic distribution of Southern Sydney sheltered forest on transitional sandstone soils is highly restricted.

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10. Clearing of areas where suitable habitat exists for Southern Sydney sheltered forest on transitional sandstone soils has occurred within the local government areas of Hurstville, Kogarah and Sutherland, where the community persists as small fragments surrounded by urban development. The remaining area of the community is principally in the upper Hacking River catchment around Helensburgh and in Royal National Park, although considerable clearing of the community has also occurred around the Helensburgh- Otford-Stanwell Tops area. Clearing has resulted in a moderate to large reduction in the geographic distribution of the community. Some areas of the community continue to be threatened by small-scale clearing and fragmentation associated with urban and rural residential subdivision, development and maintenance of transport corridors and easements. Clearing of native vegetation is listed as a Key Threatening Process under the Threatened Species Conservation Act.

11. The juxtaposition of Southern Sydney sheltered forest on transitional sandstone soils with urban and other developed areas exposes the community to influx of weeds and stormwater, heavy recreational use, incidental disturbance and some willful damage. These result in degradation of the community, reduction in its ecological function and ongoing management challenges that are typical of bushland remnants in urban landscapes (Benson and Howell 1990). Stands of the community located downslope from developed areas are predisposed to further degradation. Weed infestations are most severe on the interfaces between bushland and urban and industrial areas and along drainage lines that carry stormwater runoff from developed areas. Problematic weed species in the community include the following:

Ageratina adenophora Crofton Weed Ageratina riparia Andropogon virginicus Whiskey Grass Asparagus spp. Spanish Heath Cinnamonum camphora Camphor Laurel Coreopsis lanceolata Hedychium gardnerianum Lantana camara Lantana Ligustrum sinense Small-leaved Privet Lilium formosum Lonicera japonica Honeysuckle Pennisetum clandestinum Kikuyu Plantago lanceolata Senna pendula Setaria gracilis Tradescantia albiflora

‘Invasion and establishment of exotic vines and creepers’, ‘Invasion of native plant communities by exotic perennial grasses’ and ‘Invasion, establishment and spread of Lantana (Lantana camara L. sens. lat.)’ are listed as Key Threatening Processes under the Threatened Species Conservation Act.

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12. Frequent fires and other fuel reduction measures may pose a threat to the community, particularly along urban interfaces, where it occurs within strategic fire management zones for asset protection. Royal National Park also has a history of frequent unplanned ignitions through arson and incidental causes (National Parks and Wildlife Service, fire history records). Frequent fires may interrupt life cycles of key plant species, resulting in changes to vegetation structure and fauna habitats (Catling 1991, Keith 1996). In combination with other disturbances, they may also accelerate weed invasion. ‘High frequency fire resulting in the disruption of life cycle processes in plants and animals and loss of vegetation structure and composition’ is listed as a Key Threatening Process under the Threatened Species Conservation Act. Conversely, small isolated vegetation remnants in long-established urban areas may experience very long intervals between fires, resulting in senescence and recruitment failure in some species whose populations depend on periodic fires for persistence.

13. The distribution of Southern Sydney sheltered forest on transitional sandstone soils occurs within an area that has been invaded by exotic Rusa deer (Moriarty 2002). Deer are generalist herbivores that browse and graze on a wide range of native and exotic plant species (Keith and Pellow 2004). This adversely affects survival and reproduction in some native plants. The effects of deer herbivory appear to be more severe in small, recently burnt areas, as the animals concentrate their foraging activities on these areas to obtain fresh plant growth. Deer populations reach very high densities in areas where Southern Sydney sheltered forest on transitional sandstone soils adjoins the urban interface, including areas such as Helensburgh and Grays Point. ‘Herbivory and environmental degradation caused by feral deer’ is listed as a Key Threatening Process under the Threatened Species Conservation Act.

14. Ongoing fragmentation, influx of stormwater, pollutants and nutrients, the invasion of weeds, changes in vegetation structure and continuing degradation associated with altered fire regimes and feral deer have collectively resulted in a large reduction in the ecological function of the community.

15. Southern Sydney sheltered forest on transitional sandstone soils in the Sydney Basin Bioregion is eligible to be listed as an endangered ecological community as, in the opinion of the Scientific Committee, it is facing a high risk of extinction in New South Wales in the immediate future, as determined in accordance with the following criteria as prescribed by the Threatened Species Conservation Regulation 2002:

Clause 26 The ecological community’s geographic distribution is estimated or inferred to be: (b) highly restricted, and the nature of its distribution makes it likely that the action of a threatening process could cause it to decline or degrade in extent or ecological function over a time span appropriate to the life cycle and habitat characteristics of the ecological community’s component species.

Clause 27 The ecological community has undergone, is observed, estimated, inferred or reasonably suspected to have undergone, or is likely to undergo within a time span appropriate to the life cycle and habitat characteristics of its component species:

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 LEGISLATION 6951 NSW SCIENTIFIC COMMITTEE

(c) a large reduction in ecological function, as indicated by any of the following: (d) change in community structure (e) change in species composition (f) disruption of ecological processes (g) invasion and establishment of exotic species (h) degradation of habitat

Professor Lesley Hughes Chairperson Scientific Committee

References

Benson DH, Howell, J (1990) The natural vegetation of the Penrith 1:100 000 map sheet. Cunninghamia 2, 541-596.

Catling PC (1991) Ecological effects of prescribed burning practices on the mammals of south-eastern Australia. In: ‘Conservation of Australia’s forest fauna’ (Ed. D Lunney), pp 353-363. (Surrey Beatty and Sons: Sydney)

Keith DA (1996) Fire-driven mechanisms of extinction in vascular plants: a review of empirical and theoretical evidence in Australian vegetation. Proceedings of the Linnean Society of New South Wales 116, 37-78.

Keith DA (2004) Ocean shores to desert dunes: the native vegetation of New South Wales and the ACT. NSW Department of Environment and Conservation, Sydney.

Keith DA, Pellow BJ (2005) Effects of Javan rusa deer (Cervus timorensis) on native plant species in the Jibbon-Bundeena area, Royal National Park, New South Wales. Proceedings of the Linnean Society of New South Wales 126, 99-110.

Mills K (2005) ‘Supplementary vegetation assessment. Landcom project 12860/3. Frances Street, Helensburgh, City of Wollongong.’ Kevin Mills and Associates, Jamberoo.

Moriarty A (2004) The liberation, distribution, abundance and management of wild deer in Australia. Wildlife Research, 31, 291-299.

NPWS (2002) Bioregional assessment study. Part 1. The native vegetation of the Illawarra escarpment and coastal plain. (NSW National Parks and Wildlife Service: Hurstville).

NPWS (2003) The native vegetation of the Woronora, O’Hares and Metropolitan catchments. (NSW National Parks and Wildlife Service: Hurstville).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6952 LEGISLATION 7 September 2007 NSW SCIENTIFIC COMMITTEE

Orscheg C, Ooi M, Keith D (2006) The ecological relationships and conservation status of Tall Apple-Blackbutt Shale Forest. Report to the NSW Scientific Committee, Sydney.

Thackway R, Creswell ID (1995) (eds) An interim biogeographic regionalisation of Australia: a framework for establishing the national system of reserves. (Australian Nature Conservation Agency: Canberra)

Tindall D, Pennay C, Tozer MG, Turner K, Keith DA (2004) Native vegetation map report series. No. 4. Araluen, Batemans Bay, Braidwood, Burragorang, Goulburn, Jervis Bay, Katoomba, Kiama, Moss Vale, Penrith, Port Hacking, Sydney, Taralga, Ulladulla, Wollongong. (NSW Department of Environment and Conservation and NSW Department of Infrastructure, Planning and Natural Resources: Sydney)

Tozer MG (2003). The native vegetation of the Cumberland Plain, western Sydney: systematic classification and field identification of communities. Cunninghamia 8, 1- 75.

Tozer MG, Turner K, Simpson C, Keith DA, Beukers P, Tindall D, Pennay C (2006) Native vegetation of southeast NSW: a revised classification and map for the coast and eastern tablelands. Version 1.0. (Department of Environment and Conservation and Department of Natural Resources: Sydney)

Walker PH (1960) A soil survey of the county of Cumberland, Sydney region. (New South Wales Government Printer: Sydney)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6953 OFFICIAL NOTICES Appointments

ABORIGINAL LAND RIGHTS ACT 1983 Notice I, the Honourable PAUL LYNCH, M.P., Minister for Aboriginal Affairs, following approval by the New South Wales Aboriginal Land Council, do, by this notice pursuant to section 222(1) of the Aboriginal Land Rights Act 1983 (the Act), appoint Mr Andrew HOHOLT as Administrator to the Thungutti Local Aboriginal Land Council for a maximum period of six (6) calendar months. During the period of his appointment, the Administrator will have all of the functions of a Local Aboriginal Land Council as specifi ed in sections 52 and 52G of the Act, and any other duties as specifi ed by the agreed terms of appointment. The Administrator’s remuneration and expenses are not to exceed $60,000 excluding GST without the prior approval of NSWALC. The Administrator’s remuneration may include fees payable for the services of other personnel within the Administrator’s fi rm who provide services as agents of the Administrator. Signed and sealed this 2nd day of September 2007. PAUL LYNCH, M.P., Minister for Aboriginal Affairs GOD SAVE THE QUEEN!

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6954 OFFICIAL NOTICES 7 September 2007 Department of Lands

ARMIDALE OFFICE 108 Faulkner Street (PO Box 199A), Armidale NSW 2350 Phone: (02) 6772 2308 Fax (02) 6772 8782

ROADS ACT 1993 SCHEDULE 2 ORDER Roads Authority: Glen Innes Severn Council. Transfer of a Crown road to a Council File No.: AE07 H 18:W401409. IN pursuance of the provisions of section 151, Roads Act Councils Reference: Malcolm Donnelly. 1993, the Crown public roads speciﬁ ed in each Schedule 1 are transferred to the Roads Authority specified in the SCHEDULE 1 corresponding Schedule 2 hereunder, as from the date of publication of this notice and as from that date, the roads Parish – Yarrow; County – Gough; speciﬁ ed in each Schedule 1, cease to be Crown public Land District – Glen Innes; L.G.A. – Glen Innes Severn roads. The Crown road extending from the Pinkett Road shown TONY KELLY, M.L.C., shaded solid black on the diagram hereunder Minister for Lands DIAGRAM 36ARMIDALE MAP02 SCHEDULE 1 Parish – Strathbogie North; County – Gough; Land District – Glen Innes; L.G.A. – Glen Innes Severn The Crown road extending west from the Wellingtonvale road shown shaded solid black on the diagram hereunder. DIAGRAM 36ARMIDALE MAP01

SCHEDULE 2 Roads Authority: Glen Innes Severn Council. File No.: AE07 H 18:W401412. Councils Reference: Malcolm Donnelly.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6955

GOULBURN OFFICE 159 Auburn Street (PO Box 748), Goulburn NSW 2580 Phone: (02) 4824 3700 Fax: (02) 4822 4287

NOTIFICATION OF OPENING OF ROAD Roads Act 1993 IN pursuance of the provisions of section 12, Roads Act 1993, the land hereunder described as unoccupied Crown Land is dedicated for public road purposes and is vested in the Crown as a Public Crown Road. TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

Description Parish – Popong; County – Wallace; Land District – Cooma; L.G.A. – Snowy River Council Opening of a road known as Lot 6, DP 1022842, the land is withdrawn for road. File No.: GB99 H 73:JK.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6956 OFFICIAL NOTICES 7 September 2007

GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton NSW 2460 Phone: (02) 6640 3400 Fax: (02) 6642 5375

APPOINTMENT OF TRUST BOARD MEMBERS Term of Offi ce PURSUANT to section 93 of the Crown Lands Act 1989, For a term commencing the date of this notice and expiring the persons whose names are specifi ed in Column 1 of the 6 September 2012. Schedules hereunder, are appointed for the terms of offi ce specifi ed, as members of the trust board for the reserve trust SCHEDULE 3 specifi ed opposite thereto in Column 2, which has been Column 1 Column 2 Column 3 established and appointed as trustee of the reserve referred Andrew Ruthven Public Reserve No.: 58065. to opposite thereto in Column 3 of the Schedules. HUMPHREYS Recreation and Public Purpose: Public TONY KELLY, M.L.C., (new member). Preservation of recreation and preservation Minister for Lands Native Flora of native fl ora. Reserve Trust. Notifi ed: 12 June 1925. File No.: GF81 R 329. SCHEDULE 1 Term of Offi ce Column 1 Column 2 Column 3 For a term commencing the date of this notice and expiring Henry Albert Iluka Koala Reserve No.: 140072. STEVENS Reserve Trust. Public Purpose: Environmental 24 May 2012. (re-appointment), protection. Kay Annette Notifi ed: 13 December 1991. JEFFERY File No.: GF91 R 28. ROADS ACT 1993 (re-appointment), Rodney John DENT ORDER (new member), Transfer of a Crown Road to a Council Linda Jane MARNEY (new member), IN pursuance of the provisions of section 151, Roads Act Jane G. BRONOTTE 1993, the Crown road specifi ed in Schedule 1 is hereby (re-appointment), transferred to the Roads Authority specifi ed in Schedule 2 Gordon Harold CLARKE hereunder, as from the date of publication of this notice and (re-appointment). as from the date, the road specifi ed in Schedule 1, ceases to Term of Offi ce be Crown road. For a term commencing the date of this notice and expiring TONY KELLY, M.L.C., 6 September 2012. Minister for Lands

SCHEDULE 2 SCHEDULE 1 Column 1 Column 2 Column 3 Parish – Ballina; County – Rous; Philip John North Codrington Reserve No.: 51730. Land District – Lismore; Shire – Ballina Shire Council GOOLEY Flood Refuge Public Purpose: Refuge in (re-appointment), Reserve Trust. time of ﬂ ood. Crown public road south of Lot 126, DP 828137 and Lots Allan Edward Notiﬁ ed: 22 August 1916. 6, 5, 4 and part 3, DP 805289. LEES File No.: GF81 R 321. Width to be transferred: 20.115 metres. (re-appointment), Maryanne BULLPITT (re-appointment), SCHEDULE 2 Michael BULLPITT Roads Authority: Ballina Shire Council. (re-appointment), Charles Norman Department of Lands Reference: GF06 H 342. PATCH (re-appointment), Michael Leo McMAHON (re-appointment).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6957

HAY OFFICE 126 Lachlan Street (PO Box 182), Hay NSW 2711 Phone: (02) 6990 1800 Fax: (02) 6993 1135 ROADS ACT 1993 ORDER Transfer of Crown Road to a Council IN pursuance of the provisions of section 151, Roads Act 1993, the Crown public roads specifi ed in Schedule 1 are transferred to the Roads Authority specifi ed in Schedule 2 hereunder, as from the date of publication of this notice and as from that date, the roads specifi ed in Schedule 1 cease to be Crown public road. TONY KELLY, M.L.C., Minister for Lands

SCHEDULE 1 Parish – Booroorban; County – Townsend; Land District – Hay; Shire – Conargo The Crown public roads comprising Johnson Street from the Cobb Highway to Joshua Street including intersection and Joshua Street to Boswell Street in the Village of Booroorban.

SCHEDULE 2 Roads Authority: Conargo Shire Council. File No.: HY07 H 70.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6958 OFFICIAL NOTICES 7 September 2007

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

NOTIFICATION OF CLOSING OF ROAD ESTABLISHMENT OF RESERVE TRUST IN pursuance of the provisions of the Roads Act 1993, the PURSUANT to section 92(1) of the Crown Lands Act 1989, road hereunder described is closed and the land comprised the reserve trust speciﬁ ed in Column 1 of the Schedule therein ceases to be a public road and the rights of passage hereunder is established under the name stated in that Column and access that previously existed in relation to the road are and is appointed as trustee of the reserve speciﬁ ed opposite extinguished. thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister for Lands Minister for Lands

Description SCHEDULE Parish – Clanricard; County – Brisbane; Column 1 Column 2 Land District – Muswellbrook; Blacksmiths Community Reserve No. 1014048 Local Government Area – Muswellbrook Reserve (R1014048) Trust Public Purpose: Community Road Closed: Lots 15, 16 and 18, DP 1072668 at Purposes Bengalla. Notifi ed: This Day File No.: MD99 H 136. File Reference: MD91H97/2 Note: On closing, the land within Lots 15, 16 and 18, DP APPOINTMENT OF CORPORATION TO MANAGE 1072668, will remain vested in the Crown as Crown RESERVE TRUST Land. PURSUANT to section 95 of the Crown Lands Act 1989, the corporation specified in Column 1 of the Schedule PLAN OF MANAGEMENT FOR CROWN hereunder is appointed to manage the affairs of the reserve RESERVES UNDER DIVISION 6 OF PART 5 OF THE trust specifi ed opposite thereto in Column 2, which is trustee CROWN LANDS ACT 1989 AND CROWN LANDS of the reserve referred to in Column 3 of the Schedule. REGULATION 2006 TONY KELLY, M.L.C., A draft plan of management has been prepared for the Minister for Lands Crown Reserves described hereunder. These Reserves are either under the trusteeship of Port Stephens Council or the SCHEDULE management of the NSW Department of Lands. Column 1 Column 2 Column 3 Inspection of the draft plan can be made during business Lake Macquarie Blacksmiths Reserve No. 1014048 hours at Port Stephens Council, 116 Adelaide Street, City Council Community Reserve Public Purpose: Raymond Terrace; the Department of Lands, Shop W11, (R1014048) Trust Community Purposes Nelson Bay Marina, Teramby Road, Nelson Bay; the Notifi ed: This Day Department of Lands, Cnr Newcastle Road and Banks Street, File Reference: MD91H97/2 East Maitland; Tomaree Library and Community Centre, Town Centre Circuit, Salamander Bay and Port Stephens RESERVATION OF CROWN LAND Tourist Information Centre, Victoria Parade, Nelson Bay. PURSUANT to section 87 of the Crown Lands Act 1989, the The draft plan will be on exhibition from 7 September Crown land specifi ed in Column 1 of the schedule hereunder 2007 to 2 November 2007. Comments on the draft plan are is reserved as specifi ed opposite thereto in Column 2 of the invited from the public and may be submitted in writing to the Schedule. Project Manager, Port Stephens Regional Crown Reserve, PO TONY KELLY, M.L.C., Box 631, Nelson Bay NSW 2315 until 2 November 2007. Minister for Lands TONY KELLY, M.L.C., Minister for Lands SCHEDULE Column 1 Column 2 Description of Lands Land District: Newcastle Reserve No. 1014048 Land District – Newcastle Council Area – Port Stephens; Local Government Area: Public Purpose: Parish – Tomaree; County – Gloucester Lake Macquarie City Community Purposes Council Reserve R32059, Reserve R64421, Reserve R170169, Locality: Blacksmiths Reserve R67366 and Part Reserve R753204. Lot Sec. D.P. No. Parish County Location: Nelson Bay. 2036 822133 Kahibah Northumberland File No.: 07/3381. Area: About 3599m2 File Reference: MD91H97/2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6959

MOREE OFFICE Frome Street (PO Box 388), Moree NSW 2400 Phone: (02) 6752 5055 Fax: (02) 6752 1707

NOTIFICATION OF CLOSING OF A ROAD IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised therein ceases to be public road and the rights of passage and access that previously existed in relation to this road is extinguished. TONY KELLY, M.L.C., Minister for Lands

Description Land District – Moree; Council – Moree Plains Shire; Parishes – Boonangar and Noora; County – Benarba Lots 1, 2, 3 and 4 in DP 1115457, Parishes Boonangar and Noora, County Courallie. File No.: ME00 H 216. Note: Upon closure the land remains vested in the Crown as Crown Land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6960 OFFICIAL NOTICES 7 September 2007

NOWRA OFFICE 5 O’Keefe Avenue (PO Box 309), Nowra NSW 2541 Phone: (02) 4428 9100 Fax: (02) 4421 2172

REVOCATION OF RESERVATION OF CROWN Reserve No.: 750242. LAND Public Purpose: Future public requirements. PURSUANT to section 90 of the Crown Lands Act 1989, Notifi ed: 29 June 2007. the reservation of Crown Land specifi ed in Column 1 of File No.: NA79 R 74. the Schedules hereunder, is revoked to the extent specifi ed opposite thereto in Column 2 of the Schedules. Note: It is intended to set aside the land as road. TONY KELLY, M.L.C., Minister for Lands NOTIFICATION UNDER THE ROADS ACT 1993 OF SETTING ASIDE OF UNOCCUPIED CROWN SCHEDULE 1 LANDS AS ROAD AND OF DECLARATION OF ROADS TO BE PUBLIC ROADS Column 1 Column 2 Land District: Bega. The part being Lot Pt 1, IN pursuance of the provisions of the Roads Act 1993, Local Government Area: DP No. 1097991, Parish the unoccupied Crown Land specifi ed is set aside as road Bega Valley Shire Yowaka, County Auckland, and is dedicated as public road and dedicated to the public Council. of an area of about 2000 accordingly. Locality: Broadwater. square metres. TONY KELLY, M.L.C., Reserve No.: 42017. Minister for Lands Public Purpose: Public recreation. Description Notifi ed: 18 September 1907. Lot Pt 7003, DP No. 1020048, Parish – Yowaka; County – Auckland; Parish Yowaka, Land District – Bega; County Auckland; Local Government Area – Bega Valley Shire Lot 7005, DP No. 1069319, Unoccupied Crown Land set aside for road: Lot 1, DP Parish Yowaka, 1097991. County Auckland; Lot Pt 1, DP No. 1097991, File No.: NA93 H 99. Parish Yowaka, Note: Lot 1, DP 1097991 is declared to be a Council public County Auckland. road. File No.: NA79 H 74. Council Reference: DW949027. Note: It is intended to set aside the land as road. ROADS ACT 1993 Order SCHEDULE 2 Transfer of a Crown Road to a Council Column 1 Column 2 IN pursuance of the provisions of section 151, Roads Act Land District: Bega. The part being Lot 1, 1993, the Crown road specifi ed in Schedule 1 is transferred Local Government Area: DP No. 1097991, Parish to the Roads Authority specifi ed in Schedule 2 hereunder, as Bega Valley Shire Yowaka, County Auckland, from the date of publication of this notice and as from that Council. of an area of 7946 square date the road specifi ed in Schedule 1 cease to be a Crown Locality: Broadwater. metres. road. Reserve No.: 1012388. TONY KELLY, M.L.C., Public Purpose: Access and Minister for Lands public requirements, rural services, tourism purposes SCHEDULE 1 and environmental and heritage conservation. Description A Notifi ed: 15 September 2006. File No.: NA79 R 74. Land District – Nowra; Council – Shoalhaven City Council; Note: It is intended to set aside the land as road. Parishes – Bugong; County – St Vincent The Crown public road known as part of Bugong Fire SCHEDULE 3 Trail road commencing on the eastern boundary of Lot 2, DP 573947 and extending westerly for about 7 kilometers to the Column 1 Column 2 south western boundary of Lot 226, DP 751255. Land District: Bega. The part being Lot Pt 1, Crown Reference: NA85 H 307. Local Government Area: DP No. 1097991, Parish Bega Valley Shire Yowaka, County Auckland, SCHEDULE 2 Council. of an area of about 5946 Locality: Broadwater. square metres. Roads Authority: Shoalhaven City Council. NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6961

PLAN OF MANAGEMENT FOR A CROWN RESERVE NOTIFICATION OF CLOSING OF PUBLIC ROAD UNDER DIVISION 6 OF PART 5 OF THE CROWN IN pursuance of the provisions of the Roads Act, 1993, the LANDS ACT 1989 road hereunder speciﬁ ed is closed and the land comprised A draft Plan of Management has been prepared for therein ceases to be public road and the rights of passage a Crown Reserve at Nowra being Nowra Showground and access that previously existed in relation to the road are described hereunder. extinguished. Inspection of the draft plan can be made at the following TONY KELLY, M.L.C., locations, Shoalhaven City Council’s internet site at www. Minister for Lands shoalhaven.nsw.gov.au/council/pubdocs/communityissues; City Administration Centre, Bridge Road, Nowra (Mon - Fri Description 9:am – 5:00pm); Nowra Library (Mon - Fri 9:30am – 8:00pm, Sat 9:30am - 3:00pm); NSW Department of Lands, 5 O’Keefe Parish – Eurobodalla; Avenue, Nowra (Mon - Fri 8:30am – 4:30pm). County – Dampier; Land District – Moruya; Written submissions are invited from the public on LGA – Eurobodalla the draft Plan and should be sent to the General Manager, Shoalhaven City Council, PO Box 42, Nowra or email Lots 1 & 2 in DP 1114348 at Eurobodalla. File No. NA05 [email protected]. Enquires on the draft Plan H 281. should be directed to Lila Sawko, Ph 4429 3152) by 5:00pm Note: On closing, the land will remain vested in the State 10th October 2007. of New South Wales as Crown land. TONY KELLY, M.P., Minister for Lands.

Description of Reserve Land District – Nowra; City – Shoalhaven; Parish –Nowra; Town –Nowra; County – St Vincent Dedication 580011 for Public Recreation. (Nowra Showground) on 30.09.1938. File Reference: NA80 R 145.

SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150 (PO Box 3935, Parramatta NSW 2124) Phone: (02) 8836 5300 Fax: (02) 8836 5365

APPOINTMENT OF A TRUST BOARD MEMBER PURSUANT to the provisions of the Commons Management Act 1989, the undermentioned person was elected to ﬁ ll the vacancy created by the passing away of a trust member of the St Albans Common and will hold ofﬁ ce from date of gazette until the next trust board general election. St Albans Common: Pierre Stokx. File No.: MN81 R 18/2. TONY KELLY, M.L.C., Minister for Lands

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6962 OFFICIAL NOTICES 7 September 2007

WAGGA WAGGA OFFICE Corner Johnston and Tarcutta Streets (PO Box 60), Wagga Wagga NSW 2650 Phone: (02) 6937 2700 Fax: (02) 6921 1851

ROADS ACT 1993 ROADS ACT 1993 ORDER ORDER Transfer of a Crown Road to a Council Transfer of a Crown Road to a Council IN pursuance of the provisions of Section 151, Roads Act IN pursuance of the provisions of Section 151, Roads Act 1993, the Crown road specifi ed in Schedule 1 is transferred 1993, the Crown road specifi ed in Schedule 1 is transferred to the Roads Authority specifi ed in Schedule 2, hereunder, to the Roads Authority specifi ed in Schedule 2, hereunder, as from the date of publication of this notice and as from as from the date of publication of this notice and as from that date , the road specifi ed in Schedule 1 ceases to be a that date , the road specifi ed in Schedule 1 ceases to be a Crown road. Crown road. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister for Lands Minister for Lands

SCHEDULE 1 SCHEDULE 1 The Crown Public Road east of Lots 7, 8, 9, 10 and 18 in The Crown Public Road east of lot 38 in DP752576, Parish DP753369 Parish of Biralbung, County of Gowen of Eiraban, County of Ewenmar.

SCHEDULE 2 SCHEDULE 2 Road Authority: Walgett Shire Council. File References: Road Authority: Gilgandra Shire Council. File Reference: W401080. Council’s Reference: GMC:JC. W401081. Council’s Reference: GMC:JC.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6963 Department of Planning

New South Wales

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23)

under the Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-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 Planning. (S07/00995-1)

FRANK SARTOR, M.P., MinisterMinister forfor PlanningPlanning

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6964 OFFICIAL NOTICES 7 September 2007

State Environmental Planning Policy (Major Projects) 2005 (Amendment Clause 1 No 23)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23) under the Environmental Planning and Assessment Act 1979

1 Name of Policy This Policy is State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23).

2 Aims of Policy The aims of this Policy are: (a) to insert development standards into Burwood Planning Scheme Ordinance relating to density, height and mix of uses in relation to land, known as 1 Railway Parade, Burwood (the subject land), and (b) to establish appropriate development controls for the subject land in a manner consistent with the Sydney Metropolitan Strategy and the draft Burwood Town Centre Local Environmental Plan 2007, and (c) to facilitate the development of an important urban site of significance to the State, being the subject land, so as to provide for the orderly economic use of that land for the benefit of the State, and (d) to promote and co-ordinate the economic use and development of the Burwood Town Centre, and (e) to provide a suitable mixture of compatible land uses on a key site within the Burwood Town Centre, and (f) to promote the development of the subject land that is appropriate and satisfies the principles of ecologically sustainable development, and (g) to encourage the revitalisation of the subject land, and (h) to promote mixed use planning by locating mutually supportive and compatible uses (such as residential uses, places of employment and shops) in close proximity to each other so as to minimise vehicular travel, and

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6965

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23) Clause 3

(i) to maximise public transport patronage and encourage walking and cycling.

3 Land to which Policy applies This Policy applies to land known as 1 Railway Parade, Burwood, being Lots 14 and 15 DP 749949.

4 Amendment of State Environmental Planning Policy (Major Projects) 2005 State Environmental Planning Policy (Major Projects) 2005 is amended as set out in Schedule 1.

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6966 OFFICIAL NOTICES 7 September 2007

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23)

Schedule 1 Amendments

(Clause 4) [1] Clause 13 Insert after clause 12:

13 Amendment of other environmental planning instruments The environmental planning instruments specified in Schedule 4 are amended as set out in that Schedule.

[2] Schedule 4 Insert after Schedule 3: Schedule 4 Amendment of other environmental planning instruments

(Clause 13) Burwood Planning Scheme Ordinance

Clause 78U Insert after clause 78T:

78U Development of certain land—1 Railway Parade, Burwood (1) This clause applies to land known as 1 Railway Parade, Burwood, being Lots 14 and 15 DP 749949. (2) Nothing in this Ordinance prevents, with the consent of the Council, the carrying out of development on the land to which this clause applies for any of the following purposes: (a) commercial premises, (b) mixed development, (c) residential flat buildings, (d) shops. (3) The ratio of total floor space of all buildings erected or proposed to be erected on the land to which this clause applies to the area of that land is not to exceed 5:1. (4) The ratio of total floor space of any residential flat buildings erected or proposed to be erected on the land to

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6967

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23)

Amendments Schedule 1

which this clause applies to the area of that land is not to exceed 3.5:1. (5) The ratio of total floor space of any buildings erected or proposed to be erected on the land to which this clause applies for the purposes of commercial premises or shops to the area of that land is not to be less than 1:5. (6) Development must not be carried out on the land to which this clause applies if it results in a building that exceeds 17 storeys in height. (7) State Environmental Planning Policy No 1—Development Standards does not apply to a development standard imposed by this clause.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6968 OFFICIAL NOTICES 7 September 2007

New South Wales

Blue Mountains Local Environmental Plan 2005 (Amendment No 8)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (SRW0000428/S69)

FRANK SARTOR, M.P., MinisterMinister for for Planning Planning

e2006-011-25.d02 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6969

Clause 1 Blue Mountains Local Environmental Plan 2005 (Amendment No 8)

Blue Mountains Local Environmental Plan 2005 (Amendment No 8) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Blue Mountains Local Environmental Plan 2005 (Amendment No 8).

2Aims of plan The aim of this plan is to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993.

3 Land to which plan applies This plan applies to Lot 3, DP 505403, 59A Springwood Avenue, Springwood, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan 2005 (Amendment No 8)” deposited in the office of the Council of the City of Blue Mountains.

4 Amendment of Blue Mountains Local Environmental Plan 2005 Blue Mountains Local Environmental Plan 2005 is amended as set out in Schedule 1.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6970 OFFICIAL NOTICES 7 September 2007

Blue Mountains Local Environmental Plan 2005 (Amendment No 8)

Amendment Schedule 1

Schedule 1 Amendment

(Clause 4) Schedule 7 Classification and reclassification of public land as operational land Insert in alphabetical order by Locality in Part 2 under the headings “Locality”, “Description” and “Any trusts etc not discharged” respectively:

Springwood Lot 3, DP 505403, 59A Nil Springwood Avenue, Springwood

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6971

New South Wales Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land (Amendment No 3)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (D06/00008/S69)

FRANK SARTOR, M.P., Minister for Planning Minister for Planning

e07-069-09.p01 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6972 OFFICIAL NOTICES 7 September 2007

Bathurst Local Environmental Plan 1997—Classification and Clause 1 Reclassification of Public Land (Amendment No 3)

Bathurst Local Environmental Plan 1997— Classification and Reclassification of Public Land (Amendment No 3) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land (Amendment No 3).

2Aims 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.

3 Land to which plan applies This plan applies to land situated in the local government area of Bathurst Regional, being Lots 626, 628 and 629, DP 253547, Swanbrooke Street, Windradyne, as shown edged heavy black on the map marked “Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land (Amendment No 3)” deposited in the office of Bathurst Regional Council.

4 Amendment of Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land Bathurst Local Environmental Plan 1997—Classification and Reclassification of Public Land is amended by inserting in alphabetical order of street name in Part 3 of the Schedule under the heading “Windradyne” in Columns 1, 2 and 3, respectively, the following words:

Swanbrooke Street Lots 626, 628 and 629, DP 253547, as shown Nil. edged heavy black on the map marked “Bathurst Local Environmental Plan 1997— Classification and Reclassification of Public Land (Amendment No 3)” deposited in the office of Bathurst Regional Council.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6973

New South Wales

Camden Local Environmental Plan No 142

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (SRW0000232/S69)

Minister for Planning

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6974 OFFICIAL NOTICES 7 September 2007

Clause 1 Camden Local Environmental Plan No 142

Camden Local Environmental Plan No 142 under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Camden Local Environmental Plan No 142.

2Aims of plan This plan aims to allow, with the consent of Camden Council, the carrying out of development on the land to which this plan applies for the purpose of aged persons’ accommodation.

3 Land to which plan applies This plan applies to land in the local government area of Camden, being Lot 1, DP 599327, Lot 1, DP 1101108 and Lots 4 and 5, DP 253184, Nos 647–667 Cobbitty Road, Cobbitty, as shown edged heavy black on the map marked “Camden Local Environmental Plan No 142” deposited in the office of Camden Council.

4 Amendment of Camden Local Environmental Plan No 48 Camden Local Environmental Plan No 48 is amended by inserting at the end of Schedule 3 the following words: Lot 1, DP 599327, Lot 1, DP 1101108 and Lots 4 and 5, DP 253184, Nos 647–667 Cobbitty Road, Cobbitty, as shown edged heavy black on the map marked “Camden Local Environmental Plan No 142”—aged persons’ accommodation, being a group of buildings for the purpose of accommodating aged persons with ancillary buildings to cater for the needs of the residents.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6975

New South Wales

Dungog Local Environmental Plan 2006 (Amendment No 1)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N07/00090/PC)

FRANK SARTOR, M.P., MinisterMinister for for Planning Planning

e2007-113-09.d05 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6976 OFFICIAL NOTICES 7 September 2007

Clause 1 Dungog Local Environmental Plan 2006 (Amendment No 1)

Dungog Local Environmental Plan 2006 (Amendment No 1) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Dungog Local Environmental Plan 2006 (Amendment No 1).

2Aims of plan This plan aims to allow, with the consent of Dungog Shire Council, the erection of one dwelling-house on each of the parcels of land to which this plan applies.

3 Land to which plan applies This plan applies to land situated in the local government area of Dungog, being Lot 38, DP 753139, 319 Wangat Trig Road, Bandon Grove and Lot 1, DP 742930, 355 Cross Keys Road, Mt Rivers.

4 Amendment of Dungog Local Environmental Plan 2006 Dungog Local Environmental Plan 2006 is amended by inserting after the heading to Schedule 1 the following words:

Column 1 Column 2 Locality Description Bandon Grove 319 Wangat Trig Road Lot 38, DP 753139 Mt Rivers 355 Cross Keys Road Lot 1, DP 742930

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6977

New South Wales

Greater Taree Local Environmental Plan 1995 (Amendment No 35)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (NEW0004635/PC)

FRANK SARTOR, M.P., Minister for Planning Minister for Planning

e2005-302-31.d01 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6978 OFFICIAL NOTICES 7 September 2007

Clause 1 Greater Taree Local Environmental Plan 1995 (Amendment No 35)

Greater Taree Local Environmental Plan 1995 (Amendment No 35) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Greater Taree Local Environmental Plan 1995 (Amendment No 35).

2Aims of plan The aim of this plan is to permit development on the land to which this plan applies for purposes that cater to tourists, including residential, retail and commercial development, tourist accommodation, restaurants, take away food outlets and other facilities.

3 Land to which plan applies This plan applies to Lots 1 and 2, DP 333852, Lots A, B and C, DP 164674, Lot 4, Sec 4, DP 3933, Lots 1 and 2, DP 784833 and Lot 15, DP 330007, Victoria Street, Taree.

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

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6979

Greater Taree Local Environmental Plan 1995 (Amendment No 35)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4) [1] Clause 4 Definitions Insert in alphabetical order in clause 4 (1): attic means any habitable space, but not a separate dwelling, contained wholly within a roof, where the pitch of the roof creating the space does not exceed 36 degrees (except for minor elements such as dormer windows and the like). floor space ratio means the ratio of the gross floor area of all buildings on a site area to the site area. mezzanine means an intermediate floor within a room. storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include: (a) a space that contains only a lift shaft, stairway or meter room, or (b) a mezzanine, or (c) an attic.

[2] Schedule 5 Development for certain additional purposes Insert at the end of the Schedule:

Lots 1 and 2, DP 333852, Lots Development for residential, retail or commercial A, B and C, DP 164674, Lot 4, purposes or development that will cater to tourists Sec 4, DP 3933, Lots 1 and 2, such as development for the purposes of tourist DP 784833 and Lot 15, DP accommodation, restaurants, take away food outlets 330007, Victoria Street, Taree. or other facilities or any combination of those purposes, but only if the Council is satisfied that the proposed development: (a) will not result in a floor space ratio that exceeds 2:1, and (b) will not be greater than 5 storeys.

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6980 OFFICIAL NOTICES 7 September 2007

New South Wales

Pittwater Local Environmental Plan 1993 (Amendment No 84)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S06/00039/S69)

FRANK SARTOR, M.P., MinisterMinister for for Planning Planning

e2007-090-09.d04 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6981

Clause 1 Pittwater Local Environmental Plan 1993 (Amendment No 84)

Pittwater Local Environmental Plan 1993 (Amendment No 84) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Pittwater Local Environmental Plan 1993 (Amendment No 84).

2Aims of plan This plan aims to allow, with the consent of Pittwater Council: (a) the subdivision of each allotment of land to which this plan applies so as to create no more than 2 allotments, and (b) the erection of a dwelling-house on each of the vacant allotments so created.

3 Land to which plan applies This plan applies to Lot 76, DP 589733 and Lot 2, DP 585530, 4 and 14 Ingleside Road, Ingleside, as shown edged heavy black on the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 84)” deposited in the office of Pittwater Council.

4 Amendment of Pittwater Local Environmental Plan 1993 Pittwater Local Environmental Plan 1993 is amended as set out in Schedule 1.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6982 OFFICIAL NOTICES 7 September 2007

Pittwater Local Environmental Plan 1993 (Amendment No 84)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4) [1] Clause 14C Insert after clause 14B:

14C Subdivision of further land at Ingleside Road, Ingleside (1) This clause applies to each of the following allotments of land: (a) Lot 76, DP 589733, 4 Ingleside Road, Ingleside, (b) Lot 2, DP 585530, 14 Ingleside Road, Ingleside. (2) Despite any other provision of this plan, the council may consent to the subdivision of an allotment to which this clause applies so as to create no more than 2 lots.

[2] Schedule 12 Development of certain land at Ingleside Insert at the end of the Schedule: An allotment of vacant land created by a subdivision referred to in clause 14C.

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6983

New South Wales

Sutherland Shire Local Environmental Plan 2006 (Amendment No 2)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P06/00002/S69)

FRANK SARTOR, M.P., MinisterMinister forfor PlanningPlanning

e07-041-09.p02 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6984 OFFICIAL NOTICES 7 September 2007

Clause 1 Sutherland Shire Local Environmental Plan 2006 (Amendment No 2)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 2) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Sutherland Shire Local Environmental Plan 2006 (Amendment No 2).

2Aims 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.

3 Land to which plan applies This plan applies to: (a) Lots 47–49, DP 5709, 45–49 Croydon Street, Cronulla, as shown edged heavy black on Sheet 1 of the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 2)” deposited in the office of Sutherland Shire Council, and (b) part of Lot 2, DP 786685, part of 99R Caldarra Road, Engadine, as shown edged heavy black on Sheet 2 of that map.

4 Amendment of Sutherland Shire Local Environmental Plan 2006 Sutherland Shire Local Environmental Plan 2006 is amended as set out in Schedule 1.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6985

Sutherland Shire Local Environmental Plan 2006 (Amendment No 2)

Amendment Schedule 1

Schedule 1 Amendment

(Clause 4) Schedule 4 Classification and reclassification of public land Insert in Part 2 of the Schedule in alphabetical order of locality in Columns 1, 2 and 3, respectively:

Cronulla 45 Croydon Street Lot 47, DP 5709, as shown edged heavy Easement and black on Sheet 1 of the map marked covenant (633007) “Sutherland Shire Local Environmental as noted on Plan 2006 (Amendment No 2)” Certificate of Title Folio Identifier 47/5709 47 Croydon Street Lot 48, DP 5709, as shown edged heavy Right of drainage black on Sheet 1 of the map marked and covenant “Sutherland Shire Local Environmental (670851) as noted Plan 2006 (Amendment No 2)” on Certificate of Title Folio Identifier 48/5709 49 Croydon Street Lot 49, DP 5709, as shown edged heavy Easement, covenant black on Sheet 1 of the map marked and building “Sutherland Shire Local Environmental conditions Plan 2006 (Amendment No 2)” (681897) as noted on Certificate of Title Folio Identifier 49/5709 Engadine 99R Caldarra Road Part of Lot 2, DP 786685, as shown Easements (part) edged heavy black on Sheet 2 of the (D20889, H166931 map marked “Sutherland Shire Local and U335084) as Environmental Plan 2006 (Amendment noted on Certificate No 2)” of Title Folio Identifier 2/786685

Page 3

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6986 OFFICIAL NOTICES 7 September 2007

New South Wales

Wyong Local Environmental Plan 1991 (Amendment No 169)

under the Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (CC0000058/S69)

FRANK SARTOR, M.P., MinisterMinister for for Planning Planning

e06-108-09.p01 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6987

Clause 1 Wyong Local Environmental Plan 1991 (Amendment No 169)

Wyong Local Environmental Plan 1991 (Amendment No 169) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Wyong Local Environmental Plan 1991 (Amendment No 169).

2Aims of plan This plan aims to amend Wyong Local Environmental Plan 1991 so as to permit, with the consent of Wyong Shire Council, the carrying out of development on the land to which this plan applies for the purposes of a medical centre, associated car parking and landscaping.

3 Land to which plan applies This plan applies to land situated in the local government area of Wyong, being Lots 2 and 3, DP 700029, Nos 599 and 601 The Entrance Road, Bateau Bay, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 169)” deposited in the office of Wyong Shire Council.

4 Amendment of Wyong Local Environmental Plan 1991 Wyong Local Environmental Plan 1991 is amended by inserting at the end of Schedule 2 the following words: Lots 2 and 3, DP 700029, Nos 599 and 601 The Entrance Road, Bateau Bay, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 169)”—medical centre, associated car parking and landscaping.

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6988 OFFICIAL NOTICES 7 September 2007 Department of Primary Industries

FISHERIES MANAGEMENT ACT 1994 OL77/127 within the estuary of Wallis Lake, having an area 0.4488 hectares to Trevor Dent of Tuncurry, NSW, for FISHERIES MANAGEMENT (AQUACULTURE) a term of 15 years expiring on 31 December 2022. REGULATION 2002 OL75/239 within the estuary of the Clyde River, having Notice of Receipt of Application for Aquaculture Lease an area of 2.4667 hectares to Stefanos Paschalidis of Notifi cation under s.163 (7) of the Fisheries Management Batemans Bay, NSW, for a term of 15 years expiring on 8 Act 1994, and cl.33 of the Fisheries Management August 2021. (Aquaculture) Regulation 2002 OL74/096 within the estuary of the Clyde River, having NSW Department of Primary Industries (NSW DPI) advises an area of 4.4285 hectares to Isidoris and Maria Paschalidis an application has been received for a new aquaculture lease of Batemans Bay, NSW, for a term of 15 years expiring on over public water land for the purpose of cultivating Sydney 13 December 2022. rock oysters. Location is the Richmond River, described as OL75/030 within the estuary of the Wallaga Lake, having follows: an area 3.9370 hectares to John Smith, of Bermagui, NSW, • Approx. 1.69731 hectares over former oyster lease for a term of 15 years expiring on 25 May 2022. OL77/051 (AL07/003 if granted). OL76/128 within the estuary of the Clyde River, having NSW DPI is calling for written submissions from any an area 0.7366 hectares to Dennis Kelly of Batehaven, NSW, person supporting or objecting to the oyster lease proposal, for a term of 15 years expiring on 05 July 2022. citing reasons for the support/objection. NSW DPI is also calling for expressions of interest from persons or BILL TALBOT, corporations interested in leasing the area specifi ed above, Director, Fisheries Conservation & Aquaculture Branch for the purpose of aquaculture. An expression of interest must Agriculture, Fisheries and Regional Relations Division be in the form of a written response referring to lease number Department of Primary Industries AL07/003 to be signed and dated with a return address. If additional expressions of interest are received, NSW DPI MINERAL RESOURCES may offer the area for leasing through a competitive public tender process, auction or ballot. NOTICE is given that the following applications have been received: If granted the lease will be subject to standard covenants and conditions of an aquaculture lease and aquaculture EXPLORATION LICENCE APPLICATIONS permit, under the Fisheries Management Act 1994. Specifi c (07-393) details of the proposed lease can be obtained, or enquiries made with NSW DPI, Aquaculture Administration Section, No. 3290, BALRANALD GYPSUM PTY LTD (ACN 081 Port Stephens on (02) 4982 1232. Objections or expressions 196 947), area of 14 units, for Group 2, dated 28 August, of interest for consideration in the determination of the 2007. (Broken Hill Mining Division). application must be received at the address below, within 30 (07-394) days from the date of publication of this notifi cation: No. 3291, BALRANALD GYPSUM PTY LTD (ACN Director, 081 196 947), area of 4 units, for Group 2, dated 28 August, Fisheries Conservation and Aquaculture Branch, 2007. (Broken Hill Mining Division). Aquaculture Administration Section, Port Stephens Fisheries Centre, (07-395) Locked Bag 1, Nelson Bay NSW 2315. No. 3292, BALRANALD GYPSUM PTY LTD (ACN 081 196 947), area of 10 units, for Group 2, dated 28 August, BILL TALBOT, 2007. (Wagga Wagga Mining Division). Director, Fisheries Conservation and Aquaculture Branch, (07-396) Department of Primary Industries No. 3293, PERILYA BROKEN HILL LIMITED (ACN 099 761 289), area of 62 units, for Group 1, dated 30 August, 2007. (Broken Hill Mining Division). FISHERIES MANAGEMENT ACT 1994 (07-397) FISHERIES MANAGEMENT (AQUACULTURE) No. 3294, PERILYA BROKEN HILL LIMITED (ACN REGULATION 2002 099 761 289), area of 67 units, for Group 1, dated 30 August, Section 177(1) – Notice of Aquaculture Lease Cancellation 2007. (Broken Hill Mining Division). OL83/176 within the estuary of Tweed River, having an (07-398) area of 0.3180 hectares formerly leased by Gary Kirkham. No. 3295, PERILYA BROKEN HILL LIMITED (ACN OL87/179 within the estuary of Tweed River, having an 099 761 289), area of 17 units, for Group 1, dated 30 August, area of 0.9035 hectares formerly leased by Gary Kirkham. 2007. (Broken Hill Mining Division). (07-399) Clause 39 (4) - Notice of Aquaculture Lease Renewal No. 3296, PERILYA BROKEN HILL LIMITED (ACN The Minister has renewed the following class 1 Aquaculture 099 761 289), area of 18 units, for Group 1, dated 30 August, Leases: 2007. (Broken Hill Mining Division).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6989

(07-400) Poole and Tongowoko, Map Sheet (7238, 7239), area of 47 No. 3297, PERILYA BROKEN HILL LIMITED (ACN units, for Group 1, dated 16 August, 2007, for a term until 099 761 289), area of 12 units, for Group 1, dated 30 August, 16 August, 2009. 2007. (Broken Hill Mining Division). IAN MACDONALD, M.L.C., (07-401) Minister for Mineral Resources. No. 3298, PERILYA BROKEN HILL LIMITED (ACN 099 761 289), area of 89 units, for Group 1, dated 30 August, 2007. (Broken Hill Mining Division). NOTICE is given that the following application has been refused: (07-402) No. 3299, PANGAEA MINERALS PTY LIMITED (ACN EXPLORATION LICENCE APPLICATION 120 631 316), area of 32 units, for Group 6, dated 31 August, (07-238) 2007. (Orange Mining Division). No. 3135, ARASTRA EXPLORATION PTY LTD (ACN (07-403) 085 025 798), County of Yungnulgra, Map Sheet (7436). No. 3300, KEMPFIELD SILVER PTY LTD (ACN 124 Refusal took effect on 29 August, 2007. 780 276), area of 8 units, for Group 1, dated 31 August, 2007. (Orange Mining Division). IAN MACDONALD, M.L.C., (07-404) Minister for Mineral Resources. No. 3301, KEMPFIELD SILVER PTY LTD (ACN 124 780 276), area of 19 units, for Group 1, dated 31 August, 2007. (Orange Mining Division). NOTICE is given that the following applications for renewal (07-405) have been received: No. 3302, KEMPFIELD SILVER PTY LTD (ACN 124 (T99-0136) 780 276), area of 31 units, for Group 1, dated 31 August, Exploration Licence No. 5635, SNOWMIST PTY LTD 2007. (Orange Mining Division). (ACN 011 041 384) AND ALAMO LIMESTONE PTY LTD (07-446) (ACN 094 851 911), area of 3 units. Application for renewal received 30 August, 2007. No. 3303, GOLDEN CROSS OPERATIONS PTY. LTD. (ACN 050 212 827), area of 29 units, for Group 1, dated 3 (04-656) September, 2007. (Cobar Mining Division). Exploration Licence No. 6465, SCORPIO RESOURCES (T07-447) PTY LTD (ACN 109 158 769), area of 54 units. Application for renewal received 29 August, 2007. No. 3304, HUDSON ATTAPULGITE PTY LTD (ACN 008 701 255), area of 99 units, for Group 2, dated 4 (05-191) September, 2007. (Inverell Mining Division). Exploration Licence No. 6466, GOLDEN CROSS MINING LEASE APPLICATION OPERATIONS PTY. LTD. (ACN 050 212 827), area of 148 units. Application for renewal received 4 September, 2007. (07-6460) No. 308, XSTRATA MT OWEN PTY LIMITED (ACN IAN MACDONALD, M.L.C., 003 827 361), area of about 130.67 hectares, for the purpose Minister for Mineral Resources. of any building or mining plant, any road, railway, tramway, bridge or jetty, any reservoir, dam, drain or water race and any cable, conveyor, pipeline, telephone line or signal, dated 27 August, 2007. (Singleton Mining Division). RENEWAL OF CERTAIN AUTHORITIES IAN MACDONALD, M.L.C., NOTICE is given that the following authorities have been Minister for Mineral Resources. renewed: (04-612) Exploration Licence No. 6404, PLATSEARCH NL NOTICE is given that the following applications have been (ACN 003 254 395), Counties of Farnell and Yancowinna, granted: Map Sheet (7134), area of 99 units, for a further term until 19 April, 2009. Renewal effective on and from 28 August, EXPLORATION LICENCE APPLICATIONS 2007. (07-556) (C00-1099) No. 3053, now Exploration Licence No. 6861, Consolidated Coal Lease No. 708 (Act 1973), LIDDELL COALWORKS LIMITED (ACN 114 702 831), County of TENEMENTS PTY LIMITED (ACN 051 529 876), Parish Urana, Map Sheet (8126, 8127), area of 5480 hectares, for of Liddell, County of Durham, Map Sheet (9133-3-N, Group 9, dated 28 August, 2007, for a term until 28 August, 9133-3-S), area of 3228 hectares, for a further term until 2010. 30 December, 2023. Renewal effective on and from 9 July, (07-174) 2007. No. 3069, now Exploration Licence No. 6860, ELLEMBY IAN MACDONALD, M.L.C., RESOURCES PTY LTD (ACN 069 359 011), Counties of Minister for Mineral Resources.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6990 OFFICIAL NOTICES 7 September 2007

PART CANCELLATION TRANSFERS NOTICE is given that the following authority has been (07-4112) cancelled in part: Exploration Licence No. 5965, formerly held by MT (C03-0075) ARTHUR COAL PTY LIMITED (ACN 000 181 902) has been transferred to HUNTER VALLEY ENERGY COAL Coal Lease No. 382 (Act 1973), MAITLAND MAIN PTY LTD (ACN 062 894 464). The transfer was registered COLLIERIES PTY LTD (ACN 000 012 652), CVRD on 28 August, 2007. AUSTRALIA (GC) PTY LTD (ACN 097 238 349), JFE STEEL AUSTRALIA (GC) PTY LTD (ACN 113 447 466), IAN MACDONALD, M.L.C., JS GLENNIES CREEK PTY LTD (ACN 113 447 055), NS Minister for Mineral Resources. GLENNIES CREEK PTY LIMITED (ACN 113 447 331) AND POS-GC PTY LTD (ACN 113 446 414), Parish of Auckland, County of Durham; Parish of Broughton, County of Durham; Parish of Goorangoola, County of Durham; and Parish of Vane, County of Durham, Map Sheet (9133-3-S).

Description of area cancelled: An area of 7.6 hectares. For further information contact Titles Branch. Part cancellation took effect on 29 November, 2006. The authority now embraces an area of 65.2 hectares. IAN MACDONALD, M.L.C., Minister for Mineral Resources.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6991 Roads and Traffic Authority

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access)Regulation 2005 BERRIGAN SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, 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. ROWAN PERKINS, General Manager, Berrigan Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as the Berrigan Shire Council B-Doubles Notice No. 2/2007. 2. Commencement This Notice takes effect on 8 September 2007. 3. Effect This Notice remains in force until 8 September 2007. 4. Application This Notice applies to those B-Doubles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road No. Road Name Starting Point Finishing Point Conditions 25. 00. Kelly Street, Jerilderie Street Charlotte Street, For duration of Tocumwal 150 Tocumwal. (MR 550), Tocumwal. Years Celebrations Grand Parade Tocumwal. only on 8 September 2007. 25. 00. Charlotte Street, Kelly Street, Bruton Street, For duration of Tocumwal 150 Tocumwal. Tocumwal. Tocumwal. Years Celebrations Grand Parade only on 8September 2007. 25. 00. Bruton Street, Charlotte Street, Murray Street, For duration of Tocumwal 150 Tocumwal. Tocumwal. Tocumwal. Years Celebrations Grand Parade only on 8 September 2007. 25. 00. Murray Street, Bruton Street, Hill Street, For duration of Tocumwal 150 Tocumwal. Tocumwal. Tocumwal. Years Celebrations Grand Parade only on 8 September 2007. 25. 00. Hill Street, Murray Street, Newell Highway For duration of Tocumwal 150 Tocumwal. Tocumwal. (SH 7), Tocumwal. Years Celebrations Grand Parade only on 8 September 2007.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6992 OFFICIAL NOTICES 7 September 2007

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 BERRIGAN SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, 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. ROWAN PERKINS, General Manager, Berrigan Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as the Berrigan Shire Council B-Doubles Notice No. 7/2006. 2. Commencement This Notice takes effect on 8 September 2007. 3. Effect This Notice remains in force until 8 September 2007. 4. Application This Notice applies to those B-Doubles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road No. Road Name Starting Point Finishing Point Conditions 25. 00. Corcoran Street, Jerilderie Street Drummond Street, For duration of Berrigan Berrigan. (MR 564), Berrigan. Canola Festival Parade only on Berrigan. 8 September 2007. 25. 00. Drummond Street, Corcoran Street, Riverina Highway For duration of Berrigan Berrigan. Berrigan. (SH 20), Berrigan. Canola Festival Parade only on 8 September 2007.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6993

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 BERRIGAN SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, 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. ROWAN PERKINS, General Manager, Berrigan Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as the Berrigan Shire Council B-Doubles Notice No. 8/2006. 2. Commencement This Notice takes effect on 30 November 2007. 3. Effect This Notice remains in force until 1 December 2007. 4. Application This Notice applies to those B-Doubles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road No. Road Name Starting Point Finishing Point Conditions 25. 00. Corcoran Street, Jerilderie Street Drummond Street, 30 November 2007 to Berrigan. (MR 564), Berrigan. Berrigan. 1 December 2007. 25. 00. Drummond Street, Corcoran Street, Riverina Highway 30 November 2007 to Berrigan. Berrigan. (SH 20), Berrigan. 1 December 2007.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6994 OFFICIAL NOTICES 7 September 2007

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 GOULBURN-MULWAREE CITY COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which 4.6m high vehicles may be used subject to any requirements or conditions set out in the Schedule. LUKE JOHNSON, General Manager, Goulburn-Mulwaree City Council (by delegation from the Minister for Roads) 17 August 2007

SCHEDULE 1. Citation This Notice may be cited as Goulburn-Mulwaree City Council 4.6m high vehicle Route Notice No. 1 /2007. 2. Commencement This Notice takes effect from the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those 4.6m high vehicles that comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes 4.6m high vehicle routes within the Goulburn-Mulwaree City Council.

Type Road Name Starting Point Finishing Point 4.6m high. Finlay Road, Goulburn. MR676 Hume Street. Sloane Street. 4.6m high. Sloane Street, Goulburn. MR79 Clinton Street. Garroorigang Road. 4.6m high. Garroorigang Road, Goulburn. Sloane Street. Mazamet Road. 4.6m high. Mazamet Road, Goulburn. HW2 Hume Highway. Entire Length. 4.6m high. Robinson Street, Goulburn. Lansdowne Street. Finlay Road.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6995

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 GOULBURN MULWAREE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which 25m B-Doubles may be used subject to any requirements or conditions set out in the Schedule. LUKE JOHNSON, General Manager, Goulburn Mulwaree Council (by delegation from the Minister for Roads) 17 August 2007

SCHEDULE 1. Citation This Notice may be cited as Goulburn Mulwaree Council 25m B-Double Route Notice No. 2/2007. 2. Commencement This Notice takes effect from the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those B-Double vehicles that comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes 25m B-Double routes within the Goulburn Mulwaree Council.

Type Road Name Starting Point Finishing Point 25. Robinson Street, Goulburn. Lansdowne Road. Finlay Road.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6996 OFFICIAL NOTICES 7 September 2007

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 CLARENCE VALLEY COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which 4.6 metre High Vehicles may be used subject to any requirements or conditions set out in the Schedule. GENERAL MANAGER, Clarence Valley Council (by delegation from the Minister for Roads) 4 September 2007

SCHEDULE 1. Citation This Notice may be cited as Clarence Valley Council 4.6 Metre High Vehicle Route Notice No. 2 /2007. 2. Commencement This Notice takes effect on the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those 4.6m high vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road Name Starting Point Finishing Point 4.6 m high. Watts Lane (East) Harwood Island. Paciﬁ c Highway. Mill Road. 4.6 m high. Mill Road Harwood Island. Watts Lane (East). Harwood Sugar Mill weighbridge entrance.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6997

ROADS TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 PARKES SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading and Access) Regulation 2005, by this Notice, 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. ALAN McCORMACK, General Manager, Parkes Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as the Parkes Shire Council B-Doubles Notice No. 2/2007. 2. Commencement This Notice takes effect on the date of Gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application 4.1 This Notice applies to B-Doubles that comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes B-Double routes within the Parkes Shire Council.

Type Road No. Road Name Starting point Finishing point 25. 000. Moulden Street, Parkes. Main Road 61 (Condobolin Back Trundle Road. Road). 25. 000. Back Trundle Road, Parkes. Moulden Street. Parkes Landscaping Supplies (Lot 2, Back Trundle Road).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 6998 OFFICIAL NOTICES 7 September 2007

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 GUNDAGAI SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, 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. G. A. J. TICKNER, General Manager, Gundagai Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as the Gundagai Shire Council B-Doubles Notice No. 02, 2007. 2. Commencement This Notice takes effect from the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading and Access) regulation 2005 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Road No. Road Name Starting Point Finishing Point SR 26. Adjungbilly Road, Gundagai 14.0 km south east of the 18.8 km south east of Shire. Gobarralong Road intersection. Gobarralong Road at the Redhill Road intersection. SR 27. Redhill Road, Gundagai Shire. 0 km at the Adjungbilly Road 3.0 km south of Adjungbilly intersection. Road to the intersection between Redhill Road and Billapaloola Road.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 6999

SCHEDULE 1. Citation This Notice may be cited as Gundagai Shire Council 25 Metre B-Double Notice No. 01/2007. 2. Commencement This Notice takes effect on date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those B-Double vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Road No. Road Name Starting Point Finishing Point 243. West Street, Gundagai. William Street. Sheridan Street. 279. Sheridan Street, Gundagai. West Street. Hume Highway.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7000 OFFICIAL NOTICES 7 September 2007

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 MURRAY SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which Road Trains may be used subject to any requirements or conditions set out in the Schedule. GENERAL MANAGER, Murray Shire Council (by delegation from the Minister for Roads) 2 July 2007

SCHEDULE 1. Citation This Notice may be cited as Murray Shire Council Road Train Route Notice No. 01/2007. 2. Commencement This Notice takes effect on date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those Road Train vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road No. Road Name Starting Point Finishing Point RT. McCulloch Drive, Moama. Neil Street. Martin Road. RT. Neil Street, Moama. Martin Road. RT. Lawry Street, Moama. Neil Street. McCulloch Drive. RT. Bowlan Street, Moama. McCulloch Drive. RT. Marlin Street, Moama. Bowlan Street. RT. 152. Martin Road, Moama. Cobb Highway (SH21). Twenty Four Lane.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7001

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 MURRUMBIDGEE SHIRE COUNCIL, in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, 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 GOODSALL, General Manager, Murrumbidgee Shire Council (by delegation from the Minister for Roads)

SCHEDULE 1. Citation This Notice may be cited as Murrumbidgee Shire B-Double Notice No. 1/2007. 2. Commencement This Notice takes effect on the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 unless it is amended or repealed earlier. 4. Application This Notice applies to those B-Doubles vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998. 5. Routes Type Road No. Road Name Starting Point Finishing Point Conditions 25. 000. Boyd Street, Kidman Way. Ross Street. Travel permitted except for Darlington Point. times 8.00am-9.30am and 2.30pm-4.00pm School Days. 25. 000. Ross Street, Boyd Street. Hay Road. Travel permitted except for Darlington Point. times 8.00am-9.30am and 2.30pm-4.00pm School Days. 25. 000. Hay Road, Ross Street. Britts Road. Travel permitted except for Darlington Point. times 8.00am-9.30am and 2.30pm-4.00pm School Days. 25. 000. Britts Road, Hay Road. 1km west of Hay Travel permitted except for Darlington Point. Road. times 8.00am-9.30am and 2.30pm-4.00pm School Days. 25. 000. Campbell Street, Hay Road. 0.25km west of Travel permitted except for Darlington Point. Hay Road. times 8.00am-9.30am and 2.30pm-4.00pm School Days.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7002 OFFICIAL NOTICES 7 September 2007

ROADS ACT 1993 ROADS ACT 1993

Notice of Dedication of Land as Public Road Notice of Dedication of Land as Public Road at Erina in the Gosford City Council area at Maitland in the Maitland City Council area

THE Roads and Traffic Authority of New South Wales, by THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the schedule its delegate, dedicates the land described in the schedule below as public road under section 10 of the Roads Act below as public road under section 10 of the Roads Act 1993. 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 those pieces or parcels of land situated in the Gosford All those pieces or parcels of land situated in the Maitland City Council area, Parish of Kincumber and County of City Council area, Parish of Maitland and County of Northumberland, shown as Lots 20 to 25 inclusive and 27, Northumberland, shown as Lots 1, 3, 4 and 5 Deposited 28 and 29 Deposited Plan 1078946. Plan 258100.

(RTA Papers: 184.1315) (RTA Papers: 9/307.1224)

ROADS ACT 1993

Notice of Dedication of Land as Public Road at Green Point in the Gosford City Council area

THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the schedule below as public road under section 10 of the Roads Act 1993. T D Craig Manager, Compulsory Acquisition & Road Dedication, Roads and Traffic Authority of New South Wales ______

SCHEDULE

All that piece or parcel of land situated in the Gosford City Council area, Parish of Kincumber and County of Northumberland, shown as Lot 6 Deposited Plan 1026458.

(RTA Papers: 184.1268)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7003 Department of Water and Energy

WATER ACT 1912 WATER ACT 1912 THE Local Land Board for the Land District of Tamworth AN APPLICATION for a license under Part 5 of the Water will, at 10:00 a.m., on Tuesday, 18 September 2007, at the Act, 1912, as amended, has been received as follows; Tamworth Court House, Fitzroy Street, Tamworth, publicly Murrumbidgee Valley inquire as to the desirability of granting an application for a licence under Part 2 of the Water Act 1912 by Tanja Stewart QUEANBEYAN CITY COUNCIL for a bore on Crown JARRATT, for a pump on the Peel River on Lots 6, 8 and 10, Reserve No.530051 (“Queanbeyan Public Park” –Lowe DP 755334, Parish Nemingha, County Parry, for irrigation Street, Queanbeyan) Parish of Queanbeyan, County of purposes. Murray for a water supply for recreation purposes). New License. 40BL191602 Any person who thinks their interests may be affected by the granting of this application may present their case at Written submissions of support or objections with grounds this hearing. stating how your interest may be affected must be lodged before 8th October 2007 as prescribed by the Act. DENNIS MILLING, Manager Licensing, S.F. WEBB, Department of Water and Energy Licensing Manager Murray/Murrumbidgee Region Department of Water and Energy WATER ACT, 1912 P.O. Box 156, LEETON NSW 2705 AN application for a License, under the Section 10 of Part GA2 :398335 2 of the Water Act, 1912, as amended, has been received as follows: Buckenderra Investments Pty Ltd for a pump on Lake Eucumbene being Part Lot 4 DP239065, Parish of Middlingbank, County of Wallace for water supply for industrial (caravan park) purposes.(Replacement license – replacing 10SL055305 due to increase in allocation)(Exempt from the 2007 South Coast Rivers embargo order) (Ref: 10SL056772) (GA2:502431). Any inquiries regarding the above should be directed to the undersigned (Phone: 44-294442). Written objections specifying grounds thereof must be lodged with the Department within 28 days of the date of this publication as prescribed by the Act. WAYNE RYAN, Natural Resource Project Ofﬁ cer South Coast Region Department of Water & Energy PO Box 309 Nowra NSW 2541

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7004 OFFICIAL NOTICES 7 September 2007 Other Notices

APPRENTICESHIP AND TRAINEESHIP TRAINING Full-time ACT 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 THE following Vocational Training Order is made under Weekly Nominal Term Required (Months) section 6 of the Apprenticeship and Traineeship Act Hours 2001, in relation to the recognised traineeship vocation of 15 15 30 45 Not Allowable Electrotechnology. 16 15 29 44

Citation 17 14 28 42 The order is cited as the Electrotechnology Order. 18 14 27 41 19 13 26 39 Order 20 13 25 38 The Order is given below. 21 12 24 36 48 (a) Term of Training (i) Full-time 22 12 23 35 46 The nominal period of training shall be 12 months 23 11 22 33 44 55 for a Certifi cate II outcome or until achievement 24 11 21 32 42 53 of the relevant competencies to this Vocational Training Order is demonstrated. 25 10 20 30 40 50 60 26 10 19 29 38 48 57 (ii) Part-time 27 9 18 27 36 45 54 72 School based traineeships In the case of school based part-time traineeships, 28 9 17 26 34 43 51 68 trainees will undertake 180 days on-the-job 29 8 16 24 32 40 48 64 training across a twenty-four (24) months period within which trainees shall be required 30 8 15 23 30 38 45 60 to demonstrate competencies relevant to the 31 Not 22 28 35 42 56 Vocational Training Order. Allowable 32 20 26 33 39 52 While at school, training may extend to sixty (60) months where the Higher School Certifi cate is (b) Competency Outcomes being delivered over a fi ve (5) year period. Trainees will be trained in and achieve competence Students may work full-time during school in the units of competence specified in the vacations and/or weekends. They are not Electrotechnology Industry Training Package required to attend on-the-job and/or off-the-job UEE06. training for more than one (1) day per week (c) Courses of Study to be undertaken during examination periods or exam preparation periods. Trainees will undertake the following courses of study: Non school based traineeships Certifi cate II Computer Assembly and Repair UEE The nominal term for a part time traineeship 20506 is determined by the average weekly hours Certificate II Gaming Machines Servicing worked in the traineeship (including structured UEE21106 training) and the nominal full-time term for that Certifi cate II Antennae Equipment UEE21206 traineeship. Certifi cate II Remote Area Essential Services UEE 21306 The table below identifi es the allowable hours Certifi cate II Remote Area Power Supply Maintenance which may be undertaken and the nominal terms UEE 21406 for part-time traineeships. Certifi cate II Renewable Energy UEE21506 Certifi cate II Security Assembly and Setup UEE 21606 Certifi cate II Technical Support UEE21706 Certifi cate II Electronics UEE 21906 Availability for Inspection A copy of the Vocational Training Order may be inspected at any State Training Centre of the Department of Education and Training or on the Internet at http://apprenticeship.det. nsw.edu.au.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7005

BANKS AND BANK HOLIDAYS ACT 1912 and Lot 1, Deposited Plan 1052848, in the Parish of Burrawang, County of Camden and Local Government Notice Area of Shoalhaven and said to be in the possession of I, JOHN DELLA BOSCA, Minister for Industrial Relations, Sydney Catchment Authority is the “land burdened”. All in pursuance of section 19(5) of the Banks and Bank Holidays that part of the land burdened comprised within the site of Act 1912, in that it has been made to appear to me that the Kangaroo Valley Switching Station Premises shown in circumstances relating to the incidence of equine infl uenza in the plan held by TransGrid as P50719 is the corresponding New South Wales resulting in the postponement of the Ballina “site of easement”. Cup Race Day have arisen so as to make it impractical that my appointment of the afternoon of Thursday, 13 September 2007, as a public half-holiday in the Ballina Shire Council FIRE BRIGADES ACT 1989 area should be observed, do, by this my notice, cancel that appointment. Order under Section 5 (2) Dated at Sydney, this 5th day of September, 2007. I, Professor MARIE BASHIR, AC, Governor of the State of New South Wales, with the advice of the Executive Council JOHN DELLA BOSCA, M.L.C., and in pursuance of section 5 (2) of the Fire Brigades Act Minister for Industrial Relations 1989, do, by this my Order, vary the Orders published in New South Wales Government Gazette No. 55 of 5 May 2000 (Campbelltown), No. 37 of 4 March 1983 (Grenfell), ELECTRICITY SUPPLY ACT 1995 No. 107 of 26 August 2005 (Gundagai), No. 55 of 5 May LAND ACQUISITION (JUST TERMS 2000 (Liverpool), No. 95 of 3 June 1988 (Narromine) and COMPENSATION) ACT 1991 reconstitute the Fire Districts in the following Schedule and declare that the provisions of the Fire Brigades Act shall Notice of Compulsory Acquisition of Easements apply to the area described in the Schedule. TRANSGRID, by it’s delegate, Robert John RIGG, declares Signed at Sydney, this 22nd day of August 2007. with the approval of her Excellency the Governor, with the advice of the Executive Council, that the interests described in Schedule 1 to this Notice in the land that is the land By Her Excellency’s Command, burdened and corresponding site of the easement described in Schedule 2 to this Notice are acquired by compulsory NATHAN REES, M.P., acquisition under the provisions of the Land Acquisition Minister for Emergency Services (Just Terms Compensation) Act 1991, for the purpose of the Electricity Supply Act 1995. Dated at Sydney, this 29th day of August 2007. SCHEDULE ROBERT JOHN RIGG, In this Schedule, a reference to a local government area A/General Manager, is a reference to that area with boundaries as at the date of Business Services publication of the Order in the New South Wales Government Gazette. SCHEDULE 1 Campbelltown Fire District Easement rights as described under the heading “Memorandum of Energy Transmission Easement” in Comprising the existing Fire District in Campbelltown Memorandum AD 96642P fi led in the Department of Lands City Council, with additions and deletions as delineated pursuant to section 80A of the Real Property Act 1900. on Map No. 088/05/01 kept in the offi ce of the NSW Fire Brigades. SCHEDULE 2 Grenfell Fire District All that piece or parcel of land being Lot 14, Deposited Comprising the existing Fire District in Weddin Shire Plan 1092321, in the Parish of Wongawilli, County of Council, with deletions as delineated on Map No. 308/06/1 Camden, in the Local Government Area of Wollongong kept in the offi ce of the NSW Fire Brigades. and said to be in the possession of the Sydney Catchment Authority is the “land burdened”. All that part of the land Gundagai Fire District burdened comprised within the site of the Avon Switching Station Premises shown in the plan held by TransGrid as Comprising the existing Fire District in Gundagai Shire P50720 is the corresponding “site of easement”. Council, with additions as delineated on Map No. 313/06/1 kept in the offi ce of the NSW Fire Brigades. SCHEDULE 1 Liverpool Fire District Easement rights as described under the heading Comprising the existing Fire District in Liverpool City “Memorandum of Energy Transmission Easement” in Council, with additions and deletions as delineated on Map Memorandum AD 96642P fi led in the Department of Lands No. 008/05/1 kept in the offi ce of the NSW Fire Brigades. pursuant to section 80A of the Real Property Act 1900. Narromine Fire District SCHEDULE 2 Comprising the existing Fire District in Narromine Shire All those pieces or parcels of land being part of Lot Council, with additions and deletions as delineated on Map 1, Deposited Plan 552239; Lot 1, Deposited Plan 545735 No. 401/04/1 kept in the offi ce of the NSW Fire Brigades. NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7006 OFFICIAL NOTICES 7 September 2007

GEOGRAPHICAL NAMES ACT 1966 Board examination – related 50 50 Notice to Discontinue a Geographical Name Admission – related and other 80 80 PURSUANT to the provisions of section 14 of the Photocopying – up to two pages 1 1 Geographical Names Act 1966, the Geographical Names Dishonoured cheque 33 33 Board hereby notifi es that it has this day discontinued the Duplicate receipt 10 10 name below: Discontinued Name: Taronga Wharf. Assigned Name: Taronga Zoo Wharf. Amendments to Public Notaries Appointment Rules Designation: Wharf. Amend the Second Schedule (Fees) as follows: L.G.A.: Mosman Council. Second Schedule (Fees) Parish: Willoughby. County: Cumberland. Item Fee until Fee from L.P.I. Map: Parramatta River. 30/9/07 1/10/07 1:100,000 Map: Sydney 9131. $ $ Application for appointment 350 360 WARWICK WATKINS, Chairperson Application for certifi cate of current appointment 30 30 Geographical Names Board, Original certifi cate of appointment PO Box 143, Bathurst NSW 2795. (replacements) 100 100 LEGAL PROFESSION ADMISSION RULES 2005 Notifi cation of change of particulars 30 30 PUBLIC NOTARIES APPOINTMENT RULES Annual notifi cation in Form 6 30 30 Amendments to Legal Profession Admission Rules 2005 For any other application 30 35 (August 2007) Late application — 80 (1) Amend rule 59(3) by adding the words “ or been credited Notarial Practice Course (as (as with or exempted from” after the word “passed” and approved approved before the word “eight”. from time from time to time) to time) (2) Amend the Third Schedule to the following: Third Schedule LOCAL GOVERNMENT ACT 1993 Item Fee until Fee from 30/9/07 1/10/07 Registration of a Political Party $ $ IT is hereby notifi ed that pursuant to the provisions of the Student registration application 150 160 Local Government Act 1993, the undermentioned political Rule 67 application 35 40 party is registered: Student course application 35 40 Australia First (Council Elections) Party Rule 71 review 35 40 COLIN BARRY, Academic transcript 35 40 Electoral Commissioner Interview with examiner 90 90 New South Wales Electoral Commission, Examination 100 120 Level 25, 201 Kent Street, Sydney NSW 2000. Additional fees – examination in unscheduled location in a 27 August 2007 single examination period where permitted: NSW fi rst subject/additional PUBLIC WORKS ACT 1912 subject 200/150 200/150 LAND ACQUISITION (JUST TERMS Elsewhere in Australia fi rst COMPENSATION) ACT 1991 subject /additional subject 250/200 250/200 Compulsory Acquisition Overseas fi rst subject/ Wollongbar Agricultural Institute additional subject 450/350 450/350 THE Minister for Commerce, with the approval of Her Section 26 application 200 200 Excellency the Governor, declares that the interest in land Academic exemption application 180 180 described in the Schedule hereto, is acquired by compulsory Practical training exemption process under the provisions of the Land Acquisition (Just application 180 180 Terms Compensation) Act 1991, for a public work. Admission application – Forms 10,11 360 380 On publication of this notice in the New South Wales Re-admission application – Form 12 720 950 Government Gazette the interest in land is vested in the Minister for Commerce as Constructing Authority under Certifi cate of admission – Form 7 40 40 section 4 of the Public Works Act 1912. Original diplomas and certifi cates 110 110 ERIC MICHAEL ROOZENDAAL, M.L.C., Other applications and certifi cates 35 40 Minister for Roads Late application (where permitted): and Minister for Commerce

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7007

SCHEDULE I am satisfi ed that these are exceptional circumstances that render it necessary to give the direction in the public Interest in Land interest. Easement rights as described under the heading Water Dated: 17 August 2007. Pipeline in Memorandum E931212 fi led in the Offi ce of Land and Property Information NSW over the site shown in: NATHAN REES, M.P., Deposited Plan 1106985 as ‘(E) PROPOSED EASEMENT Minister for Water Utilities FOR WATER PIPELINE 3 WIDE AND VARIABLE WIDTH.’ TRANSPORT ADMINISTRATION ACT 1988 NO 109 Reference: 341. THE Minister for Transport has approved of the closure of the following railway level crossings under section 99B of SPORTING INJURIES INSURANCE ACT 1978 the Transport Administration Act 1998 No 109: Railway Level Crossing on the North Coast Rail Line at Order of Declaration under Section 5 rail kilometres: IN pursuance of section 5 of the Sporting Injuries Insurance 195.334; 196.923; 197.728; 198.271; 202.295; Act 1978, I declare by this order DEAF FOOTBALL 203.622; 206.781; 209.215; 211.770; 212.365; AUSTRALIA to be a sporting organisation, for the purposes 214.284; 225.308; 231.444; 233.415; 258.521; of the provisions of the Act, in respect of the activity of 263.349; 265.783 and 432.471. Deaf Football. All rights, easements and privileges in relation to these Dated: Sydney, 23 August 2007. railway level crossings are now extinguished. MURRAY McLACHLAN, JOHN ARTHUR WATKINS, M.P., Deputy Chairperson, Minister for Transport Sporting Injuries Committee

STATE OWNED CORPORATIONS ACT 1989 Direction Under Section 20P TO: Dr Thomas Parry, AM, Chairman, Sydney Water Corporation I, NATHAN REES, M.P., Minister for Water Utilities, with the approval of the Treasurer, hereby direct Sydney Water Corporation to arrange for: • Sydney Water to construct, operate and undertake the Western Sydney Recycled Water Initiative Replacement Flows Project consisting of: — an Advanced Water Treatment Plant with interconnecting systems from Penrith, St Marys and Quakers Hill Sewage Treatment Plants; — associated infrastructure and a pipeline from the treatment plant; — a pilot plant at St Mary’s Sewage Treatment Plant and associated infrastructure. Reasons: It is vitally important to secure Sydney’s water supply for the beneﬁ t of the whole community. The Western Sydney Recycled Water Initiative Replacement Flows Project is a major component of the 2006 Metropolitan Water Plan that outlines Government’s plans to secure Sydney’s water supply to at least 2015. The Plan demonstrates the Government’s commitment to recycling and provides that by 2015, 70 billion litres of water will be recycled per year. This represents 11 per cent of Sydney’s water supply. The Replacement Flows Project will provide up to 18 billion litres per year of highly treated recycled water to the Hawkesbury-Nepean River as a replacement for water which would otherwise be released from Warragamba Dam for environmental, irrigation and riparian uses.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7008 OFFICIAL NOTICES 7 September 2007

Protection of the Environment Operations (Waste) Regulation 2005 – General Exemption Under Part 6

The treated Red Mud residues exemption 2007

Name 1. This exemption is to be known as ‘the treated Red Mud residues exemption 2007’.

Commencement 2. This exemption commences on 17 September 2007.

Duration 3. This exemption is valid until revoked by the Environment Protection Authority by notice published in the Government Gazette.

Background 4. The Protection of the Environment Operations (Waste) Regulation 2005 (the Regulation) prohibits the land application of a number of wastes and waste derived substances for the purposes of growing vegetation. These substances are primarily industrial residues and have been prohibited due to their potential to contain undesirable contaminants such as heavy metals and persistent organic compounds. The land application of residues from any industrial or manufacturing process that involves the refining or processing of metals or metallic products is prohibited under the Regulation.

The conditions of this exemption outline the requirements that must be met for this prohibition to no longer apply. Treated Red Mud residues from the processing of bauxite may only be land applied for growing vegetation where the conditions of this exemption are met.

Authority 5. This exemption is made under Clause 51, Part 6 of the Protection of the Environment Operations (Waste) Regulation 2005. This exemption is a general exemption and is given in respect of suppliers, processors and consumers.

Definitions 6. In this exemption:

Supplier means a person who supplies or causes or permits the supply of treated Red Mud residues to a party applying these substances to land. The supplier will generally be the generator or processor of the treated Red Mud residues. Processor means a person who mixes, blends or otherwise incorporates treated Red Mud residues into a land application material. Consumer means a person who applies or causes or permits the application of treated Red Mud residues to land. The consumer will generally be the landholder responsible for the land to which treated Red Mud residues are applied. Where a person responsible for transporting the treated Red Mud residues to the land application site is also the party applying the residues, this person is also recognised to be the consumer. Treated Red Mud residues are neutralised residues generated by the extraction of aluminium from bauxite. These residues comprise of Hematite (& other iron oxides), hydrated alumina,

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7009

Sodalite, Quartz and calcium & magnesium minerals, carbonates and have a pH after treatment of less than 10.5. In-residue means the treated Red Mud residues prior to blending, mixing or otherwise processing.

For further information on the terms used in this document refer to Appendix 1 –General Exemption Guidance.

Who This Exemption Applies To 7. The responsible person identified in Column 1 of Table 1 is exempt from the legislative provisions identified in Column 2 of Table 1 where that person complies with the conditions identified in section 8.

Table 1 Column 1 Column 2 Responsible person Provisions from which the responsible person is exempt Supplier clause 45 of the Regulation [Residue waste not to be applied to certain land] Consumer section 48 of the Act [Licensing requirement—scheduled activities (premises based)] section 88 of the Act [Contributions by licensee of waste facilities] clause 45 of the Regulation [Residue waste not to be applied to certain land]

Conditions of this Exemption 8. The operation of this exemption is subject to the following conditions:

8.1 This exemption only applies to treated Red Mud residues from bauxite processing. 8.2 The supplier must comply with all requirements specified in section 11, ‘Supplier Responsibilities’. 8.3 The processor must comply with all requirements specified in section 12, ‘Processor Responsibilities’. 8.4 The consumer must comply with all requirements specified in section 13, ‘Consumer Responsibilities’.

Maximum contaminant concentrations 9. The in-residue contaminant listed in Column 1 of Table 2 must not exceed the concentrations listed in Column 2 of Table 2.

Table 2 Column 1 Column 2 Contaminant Maximum concentration pH 10.5

Electrical conductivity ECse (dS/m) 4

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7010 OFFICIAL NOTICES 7 September 2007

Test methods 10.1 Test methods for measuring the pH of treated Red Mud residues require: 10.1.1 Sample preparation by mixing 1 part by dry weight of the treated Red Mud residue with 5 parts by weight 0.01 M Calcium Chloride Solution. 10.1.2 Measurement technique—National Environment Protection Council, Method 103 'pH’, Schedule B (3): Guideline on Laboratory Analysis of Potentially Contaminated Soils, National Environment Protection (Assessment of Site Contamination) Measure 1999 available at: www.ephc.gov.au/pdf/cs/cs_03_lab_analysis.pdf 10.1.3 Report as pH.

10.2 Test methods for measuring electrical conductivity of treated Red Mud residues require: 10.2.1 Sample preparation by mixing 1 part treated Red Mud residue with 5 parts distilled/deionised water. 10.2.2 Measurement technique—National Environment Protection Council, Method 104 'Electrical Conductivity', Schedule B (3): Guideline on Laboratory Analysis of Potentially Contaminated Soils, National Environment Protection (Assessment of Site Contamination) Measure 1999 available at: www.ephc.gov.au/pdf/cs/cs_03_lab_analysis.pdf (or equivalent analytical method with a 'detection limit' < 10% of stated 'electrical conductivity' limit in General Exemption). 10.2.3 Report as 'electrical conductivity' in deciSeimens per metre (dS/m).

Supplier Responsibilities 11. The following conditions must be met by the supplier for this exemption to apply:

11.1 Chemical Characterisation 11.1.1 Suppliers of treated Red Mud residues must initially fully chemically and physically characterise their treated Red Mud residues. 11.1.2 The contaminants specified in Table 2 must be measured in accordance with the test methods specified in 10.1 and 10.2. 11.1.3 A Material Safety Data Sheet (MSDS) must be prepared in accordance with the National Occupational Health and Safety Commission, National Code of Practice for the Preparation of Material Safety Data Sheets, published in 2003, by the AGPS, Canberra.

11.2 Maximum allowable contaminant concentrations 11.2.1 The supplier must not cause or permit the land application of treated Red Mud where the in-residue contaminant identified in section 9 and listed in Column 1 of Table 2 exceeds the concentrations listed in Column 2 of Table 2.

11.3 Information to be provided to the consumer 11.3.1 Where treated Red Mud residue is mixed, blended or otherwise incorporated into a land application material, the supplier must provide recommendations on the appropriate use, including recommendations regarding appropriate application rates, of that land application material to the consumer. 11.3.2 Suppliers of treated Red Mud residue must provide a written statement of compliance to the consumer with each transaction of treated Red Mud residue, certifying that the treated Red Mud residue complies with the relevant conditions of this exemption.

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11.3.3 Suppliers must provide the consumer with a copy of this exemption and the MSDS.

11.4 Monitoring and record keeping 11.4.1 Suppliers of treated Red Mud residue must undertake routine testing of representative samples to ensure that the quality of the treated Red Mud residue is consistently maintained. 11.4.2 At a minimum, suppliers of treated Red Mud residues must test the residue three times a year where less than 1000 tonnes of residue is provided to consumers in total. Where more than 1000 tonnes of treated Red Mud residue is provided to consumers in total, suppliers must test at least three times a year plus once every 1000 tonnes. 11.4.3 All testing must be undertaken by analytical laboratories accredited by the National Association of Testing Authorities. 11.4.4 Records of results, quantity of treated Red Mud residue and the consumer’s name must be kept for a minimum of three years.

Processor responsibilities 12. The following conditions only apply where the treated Red Mud residue is mixed, blended or otherwise incorporated into a land application material prior to land application. For requirements relating to the direct land application of treated Red Mud residue, refer to section 13, ‘Consumer responsibilities’.

12.1 Maximum allowable contaminant concentrations 12.1.1 Prior to mixing, blending or otherwise incorporating into a land application material, the processor must ensure that the in-residue contaminants specified in Column 1 of Table 2 do not exceed the maximum contaminant concentrations specified in Column 2 of Table 2.

12.2 Information to be provided to the consumer 12.2.1 Where treated Red Mud residue is mixed, blended or otherwise incorporated into a land application material, the processor must provide recommendations on the appropriate use, including recommendations regarding appropriate application rates, of that land application material to the consumer.

12.3 Monitoring and record keeping requirements 12.3.1 Processors must obtain and keep a written statement with each transaction of treated Red Mud residue, certifying that the treated Red Mud residue complies with the relevant conditions of this exemption. 12.3.2 Records of the quantity of treated Red Mud residue received, the supplier’s name and the date the treated Red Mud residue was received must be kept for a period of three years.

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Consumer responsibilities 13. The following conditions only apply where the treated Red Mud residue is directly applied to the land. These conditions do not apply where the residue is mixed or blended with, or otherwise incorporated into, a land application material. The following conditions must be met by the consumer for this exemption to apply.

13.1 Soil application 13.1.1 Application rates must be equal to or less than the agronomic rate for the most limiting factor. 13.1.2 The treated Red Mud residue must be incorporated into the topsoil.

13.2 Monitoring and record keeping 13.2.1 Consumers applying treated Red Mud residue to land must obtain and keep a written statement with each transaction of residue received, certifying that the residue complies with the relevant conditions of this exemption. 13.2.2 Records of the quantity of treated Red Mud residue received and applied to land, the supplier’s name and the date the residue was received must be kept for a period of three years.

Exemption Granted

Mark Gorta Manager, Waste Management Section Environment Protection Authority

30 August 2007

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Notes

The EPA may amend or revoke this exemption at any time or if any condition attached to this exemption is contravened or as required where additional information is received.

The maximum penalty for failing to comply with this exemption is 400 penalty units for a corporation and 200 penalty units for an individual.

Operating without appropriate permission or in contravention of the conditions set out in this exemption could lead to prosecution under environment protection legislation and the imposition of substantial penalties.

The conditions set out in this exemption are designed to minimise the risk of potential harm to the environment, human health or agriculture, however, neither this exemption nor these conditions guarantee that the environment will not be harmed. The liability for any harm rests with the person who causes or permits the application of the substance to land.

In monitoring the quality of the exempted material, suppliers should be alert to any changes in the process or the raw materials used and any consequent changes to the types and concentrations of the listed or other contaminants in the exempted material, and take action to prevent any harmful effects of any such changes on the environment, human health or agriculture.

In gazetting this general exemption, the EPA is not endorsing the use of this substance or guaranteeing that the substance will benefit plant growth.

Limits are specified as maximums only. Plants may display symptoms of toxicity and/or reductions in yield may occur at values below the maximum concentration limits specified in this exemption. Application rates may need to be lower depending on local circumstances and should be determined as appropriate to those circumstances prior to application.

Substances mixed with more than one residue waste must meet the conditions of all relevant exemptions. All other regulations applying to the waste or blended substances must also be met.

All records required to be kept under this exemption must be made available to authorised officers of the EPA upon request.

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Appendix 1—Guidance

Where the supplier and consumer are the same person Records required to be kept by the supplier, as specified in section 11, ‘Supplier responsibilities’, that relate to 11.1 ‘Chemical characterisation’ of the treated Red Mud residue and that show compliance with 11.2 ‘Maximum contaminant concentrations’ are deemed to be appropriate documents for the purposes of complying with the conditions of this exemption.

What is a ’transaction’? For the purposes of arrangements between a supplier and a processor or a supplier and a consumer, a ’transaction‘ is taken to mean the contractual agreement between the two parties which specifies the exchange of treated Red Mud from one party to another. This arrangement should be in written form and be made available to an authorised officer of the EPA on request.

Information to be included in a statement of compliance The supplier may determine a convenient format for the statement of compliance, however, it must be in writing and be provided to the processor or consumer with each transaction. It is recommended that the following information be provided in the statement of compliance: • The name of the relevant exemption. • The name of the supplier. • The date of the transaction. • The quantity of material subject to the transaction. • The date or dates of delivery. • The address of the delivery site. • A statement of compliance with the conditions of the exemption signed or otherwise authorised by the supplier.

Environmentally appropriate land application of treated Red Mud residue The conditions outlined in this exemption are designed to minimise the risk of potential harm to the environment, human health or agriculture, however, neither this exemption nor these conditions guarantee that the environment will not be harmed.

The consumer of the treated Red Mud residue should consider whether the proposed application site is suitable for a land application program. EPA recommends that consideration be given to such factors as the soil type, slope, proximity to watercourses and potable water supplies, depth to groundwater and bedrock, suitability for plants etc. Any potential consequential implications for agricultural produce or future land use should also be considered.

While maximum contaminant concentration limits are specified in this document, lower application rates or no application may be appropriate for some soils. Application rates should be determined as appropriate to local conditions prior to application and should normally be no more than the agronomic rate for the most limiting factor.

As a guide, EPA recommends that the in soil contaminant listed in Column 1 of Table 3 following application of treated Red Mud residue to soil should not exceed the concentrations listed in Column 2 of Table 3. It should be noted that these limits are provided as a guide only, and plants may display symptoms of toxicity, and/or reductions in yield may occur at values below these limits.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7 September 2007 OFFICIAL NOTICES 7015

Table 3 Column 1 Column 2 Contaminant Maximum in-soil concentration pH 8

Electrical conductivity ECse (dS/m) 4

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7016 TENDERS 7 September 2007 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. 116 7 September 2007 PRIVATE ADVERTISEMENTS 7017 PRIVATE ADVERTISEMENTS COUNCIL NOTICES The plan applies to public gardens, parks, playgrounds, sporting fi elds, ovals, showgrounds, swimming pools, bore BAULKHAM HILLS SHIRE COUNCIL baths and any public land owned or controlled by the Walgett Roads Act 1993 Shire Council. Land Acquisition (Just Terms Compensation) Act 1991 The plan is available at the Walgett Shire Councils offi ce, 77 Fox Street, Walgett NSW 2832 and can be viewed on the Notice of Compulsory Acquisition of Land Councils internet website www.walgett.nsw.gov.au. THE Baulkham Hills Shire Council declares, with the This plan becomes effective as of 21 August 2007. approval of Her Excellency the Governor, that the lands described in the schedule below, including minerals in the STEPHEN MCLEAN, General Manager, Walgett Shire Council, 77 Fox Street, Walgett NSW 2832. lands, are acquired by compulsory process in accordance [3488] with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act 1993. Dated at Castle Hill this seventh day of September YOUNG SHIRE COUNCIL 2007. DAVE WALKER, General Manager, Baulkham Hills Local Government Act 1993, Section 553(a) Shire Council. Extension of Water Mains SCHEDULE NOTICE is given pursuant to section 553(a) of the Local Government Act 1993, as amended, that the water mains Lot 21, DP 1103218. have been extended and the land served is described in Lot 23, DP 1103218. the accompanying Schedule. Land that is not connected Lot 25, DP 1103218. thereto shall become liable to water supply charges after Lot 27, DP 1103218. [3485] twenty-one (21) days from the date of this notice. Land connected before the expiration of the twenty-one days shall be charged to that Water Access Fee from the date CANTERBURY CITY COUNCIL of connection. Local Government Act 1993 Section 50(4) ADRIAN HANRAHAN, General Manager, Locked Bag 5, PURSUANT to the provisions of the Local Government Act Young 2594. 1993 Section 50(4) the drainage reserves described in the Schedule are vested in the Canterbury City Council. SCHEDULE Lot 3 DP 839410 Schedule Lot 1 DP 839410 Lot 2 in Deposited Plan 456397. Lot 2 DP 839410 Lot 1 in Deposited Plan 669287. Lot 2 DP1065597 [3486] Lot 1 DP1065597 Lot 2 DP1037663 FORBES SHIRE COUNCIL Lot 2 DP1060211 Roads (General) Regulation 2000 Lot 3 DP1060211 Lot 42 DP1107548 Shire of Forbes Shire Council Lot 41 DP1107548 NOTICE is hereby given that the Forbes Shire Council in Lot 6 DP1085922 pursuance of division 2 of the above mentioned Regulation, Lot 2 DP591123 proposes to name the road as shown hereunder: Lot 11 DP787967 Present name Proposed name Lot 1 DP878117 Unnamed road running in an westerly Watson Close Lot 2 DP878117 direction from Farnell Street, being Lot 10 DP787967 lots 26 and 27, DP1060198 Lot 8 DP606009 Authorised by resolution of the council on 21st June 2007. Lot 9 DP606009 GENERAL MANAGER, Forbes Shire Council, PO Box Lot 2 DP511137 333, Forbes, NSW 2871. [3487] Lot 1 DP119578 Lot 474 DP754611 WALGETT SHIRE COUNCIL Lot 2 DP532684 Lot 37 DP599239 Pesticides Regulation 1995 Lot 36 DP599239 Pesticide Use Notifi cation Plan Lot 39 DP599522 THE Walgett Shire Council wishes to advise that it has Lot 38 DP599522 fi nalised a Pesticide Use Notifi cation Plan in accordance Lot 2 DP1064778 with the Pesticide Regulation 1995. Lot 4 DP1069768 [3489]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116 7018 PRIVATE ADVERTISEMENTS 7 September 2007

ESTATE NOTICES COMPANY NOTICES NOTICE of intended distribution of estate. – Any person NOTICE is hereby given that the partnership previously having any claim upon the estate of MARY ISABEL subsisting between MIK Accounting Pty Limited ACN WARE, late of Bexley Centre, 17/28 Harrow Road, Bexley, 109 085 065, SMP Accounting Pty Limited ACN 109 085 NSW 2207 in the State of New South Wales, who died 010, Morgan Financial Group Pty Limited ACN 106 441 on 15 June 2007, must send particulars of their claim to 132 and RRR Accounting Pty Limited ACN 109 085 038 the executor, Helen Ware c.o. Colin J. Duff, Solicitor, 7 carrying on the business as accountants at Miranda under Morts Road, Mortdale 2223, on or before the expiration the ﬁ rm KPR Partners Pty Limited ACN 109 085 029 of one (1) calendar month from publication of this notice. has been dissolved as so far as concerns the said RRR After that time the assets of the estate may be conveyed Accounting Pty Ltd ACN 109 085 038 who retires from and distributed having regard only to the claims of which the said ﬁ rm as at 30 June 2007. at the time of conveyance or distribution the Executor has [3493] notice. Probate was granted in New South Wales on 21 August 2007. COLIN J. DUFF, Solicitor, 7 Morts Road, Mortdale 2223, (DX 11307 Hurstville), tel.: 9570 2022.

[3490]

NOTICE of intended distribution of estate. – Any person having any claim upon the Estate of KATHY LYNN TAYLOR, late of 2/17-19 Forsyth Street, Kingsford in the State of New South Wales, who died on 19th July 2007 must send particulars of their claim to the Executor Sylvana Cacciottolo care of Simpson & Co, Solicitors, 103A Anzac Parade, Kensington 2033 within one calendar month from publication of this notice. After that time, the assets of the estate and the property may be conveyed and distributed having regard only to the claims of which at the time of conveyance or distribution the executor has notice. Probate was granted in New South Wales on 30th August 2007. SIMPSON & CO, Solicitors, 103A Anzac Parade, KENSINGTON 2033, tel. ; 9662 4381 - P.O. Box 340, KENSINGTON 1465. [3491]

NOTICE of intended distribution of estate. – Any person having any claim upon the Estate of GALINA COMPTON, late of Katoomba, retired Computer Operator in the State of New South Wales, who died on 26th May 2007 must send particulars of their claim to the Executor Peter Ewan Kennedy care of Ebsworth & Ebsworth, Solicitors, 126 Phillip Street, Sydney within one calendar month from publication of this notice. After that time, the assets of the estate may be conveyed and distributed having regard only to the claims of which at the time of conveyance or distribution the executor has notice. Probate was granted in New South Wales on 17th August 2007. EBSWORTH & EBSWORTH, Solicitors, 126 Phillip Street, Sydney. [3492]

Authorised to be printed ISSN 0155-6320 ROBERT J. GALLAGHER, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 116