{"id":"wa-local:karratha-city-of-fencing-amendment-local-law-2018","name":"Fencing Amendment Local Law 2018","slug":"fencing-amendment-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438291,"registerId":"wa-local:karratha-city-of-fencing-amendment-local-law-2018-pdf-1775954773369","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fencing Amendment Local Law 2018","content":"!2018047GG!\n1169\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 3 APRIL 2018 No. 47 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCITY OF KARRATHA\n————\nLOCAL GOVERNMENT ACT 1995\nFENCING LOCAL LAW 2018\n———————————\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nBUSH FIRE BRIGADES\nAMENDMENT LOCAL\nLAW 2018\n\n\n\n3 April 2018 GOVERNMENT GAZETTE, WA 1171\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nFENCING LOCAL LAW 2018\nCONTENTS\nPART 1—PRELIMINARY\n1. Citation\n2. Commencement\n3. Application\n4. Repeal\n5. Interpretation\n6. Permit Fees and Charges\nPART 2—SUFFICIENT FENCES\n7. Sufficient Fences\nPART 3—GENERAL\n8. Maintenance of Fences\n9. General Discretion of the Local Government\nPART 4—FENCING MATERIALS\n10. Fencing Materials\n11. Barbed Wire and Broken Glass Fences\nPART 5—ELECTRIFIED AND RAZOR WIRE FENCES\n12. Requirements for a Licence\nPART 6—NOTICES OF BREACH\n13. Notices of Breach\nPART 7—OFFENCES\n14. Offences and Penalties\n15. Modified Penalties\n16. Form of Notices\nPART 8—OBJECTIONS AND APPEALS\n17. Objections and appeals\nSCHEDULE 1—Specifications for a Sufficient Fence on a Residential Lot\nSCHEDULE 2—Specifications for a Sufficient Fence on a Commercial Lot and\nan Industrial Lot\nSCHEDULE 3—Specifications for a Sufficient Fence on a Rural Lot and\non a Rural Residential Lot\n\n\n\n3 April 2018 GOVERNMENT GAZETTE, WA 1173\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nFENCING LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995 and by all other powers the Council of\nthe City of Karratha resolved to make the following local law on 22 January 2018.\nPART 1—PRELIMINARY\n1. Citation\nThis local law may be cited as the City of Karratha Fencing Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Application\nThis local law applies throughout the district.\n4. Repeal\nThe Shire of Roebourne Local Laws Relating to Fencing published in the Government Gazette on\n29 August 2003, and as amended in the Government Gazette on 23 March 2004 are repealed.\n5. Interpretation\nIn this local law, unless the context requires otherwise—\nAct means the Dividing Fences Act 1961;\nAS or AS/NZS means an Australian or Australian/New Zealand Standard published by the\nStandards Australia and as amended from time to time;\nAS/NZS 1170.2-2011 means the standard published by Standards Australia as AS/NZS\n1170.2-2011: Structural design actions—Wind actions, as amended from time to time;\nAS/NZS 3016-2002 means the standard published by Standards Australia as AS/NZS 3016-2002:\nElectrical Installations—Electric Security Fences, as amended from time to time;\nboundary fence has the meaning given to it for the purposes of the Act;\nbuilding approval means an approval issued by a Permit Authority as per the provisions of the\nBuilding Act 2011;\nBuilding Surveyor means a building service practitioner, as defined in the Building Services\n(Registration) Act 2011 section 3, who is registered in a class of building service practitioner\nthat is prescribed for the purposes of this definition;\nCommercial Lot means a lot where a commercial use—\n(a) is or may be permitted under the town planning scheme; and\n(b) is or will be the predominant use of the lot;\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence in respect of which a permit under Part 5 of this\nlocal law has been issued and is current;\n(b) a fence containing barbed wire other than a fence erected and maintained in\naccordance with this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other\npotentially harmful projection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause;\ndistrict means the district of the local government;\ndividing fence has the meaning given to it in and for the purposes of the Act;\nelectrified fence means a fence carrying or designed to carry an electric charge;\n\n1174 GOVERNMENT GAZETTE, WA 3 April 2018\nfence means any structure, including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes any gate;\nheight in relation to a fence means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nIndustrial Lot means a lot where an industrial use—\n(a) is or may be permitted under the town planning scheme; and\n(b) is or will be the predominant use of the lot;\nlocal government means the City of Karratha;\nlot has the meaning given to it in and for the purposes of the Planning and Development\nAct 2005;\nnotice of breach means a notice referred to in clause 13(1);\nPermit Authority has the meaning given to it in and for the purposes of the Building Act 2011;\nResidential Lot means a lot where a residential use—\n(a) is or may be permitted under the town planning scheme; and\n(b) is or will be the predominant use of the lot;\nretaining wall means any structure which prevents the movement of soil in order to allow\nground levels of different elevations to exist adjacent to one another;\nRural Lot means a lot where a rural use—\n(a) is or may be permitted under the town planning scheme; and\n(b) is or will be the predominant use of the lot;\nSchedule means a Schedule to this local law;\nRural Residential Lot means a lot where a special rural use—\n(a) is or may be permitted under the town planning scheme; and\n(b) is or will be the predominant use of the lot;\nsufficient fence means a fence described in clause 7; and\ntown planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005.\n6. Approval Fees and Charges\n(1) An owner or occupier of a lot shall not erect, construct or repair a fence without applying for and\nobtaining a building approval from the local government or Permit Authority.\n(2) Application fees set by the Building Regulations 2012 as governed by the Building Act 2011 will be\napplied to applications made under this local law.\n(3) Where planning approval is required, the fees and charges are to be determined in accordance\nwith the Planning and Development Act 2005 and the associated regulations.\nPART 2—SUFFICIENT FENCES\n7. Sufficient Fences\n(1) Unless by agreement between the owners of adjoining properties, a person shall not erect a\ndividing fence or a boundary fence that is not a sufficient fence.\n(2) Subject to subclauses (3) and (4), a sufficient fence—\n(a) on a Residential Lot is a dividing fence or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 1;\n(b) on a Commercial Lot and on an Industrial Lot is a dividing fence or a boundary fence\nconstructed and maintained in accordance with the specifications and requirements of\nSchedule 2, taking into consideration provisions of any local planning policies adopted by\nCouncil; and\n(c) on a Rural Lot and on a Rural Residential Lot is a dividing fence or a boundary fence\nconstructed and maintained in accordance with the specifications and requirements of\nSchedule 3.\n(3) Where a fence is erected on or near the boundary between—\n(a) a Residential Lot and an Industrial Lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 1;\n(b) a Residential Lot and a Commercial Lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 2, taking into\nconsideration provisions of any local planning policies adopted by Council;\n(c) a Residential Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 3; and\n(d) a Rural Residential Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 3.\n(4) Unless the Building Surveyor specifies otherwise, a sufficient fence on a boundary between lots\nother than those specified in subclause (3) is a dividing fence constructed in accordance with the\nspecifications and requirements of Schedule 2.\n\n3 April 2018 GOVERNMENT GAZETTE, WA 1175\nPART 3—GENERAL\n8. Maintenance of Fences\nAn owner and occupier of a lot on which a fence is erected shall maintain the fence in good condition\nso as to prevent it from becoming dangerous, dilapidated, or unsightly.\n9. General Discretion of the Local Government\n(1) Notwithstanding clause 7, the local government may consent to the erection or repair of a fence\nwhich does not comply with the requirements of this local law.\n(2) In determining whether to grant its consent to the erection or repair of any fence, the local\ngovernment may consider, in addition to any other matter that it is authorized to consider, whether\nthe erection or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land; or\n(b) the safety or convenience of any person.\nPART 4—FENCING MATERIALS\n10. Fencing Materials\n(1) A person shall construct a fence on a Residential Lot, a Commercial Lot or an Industrial Lot from\nonly brick, stone, concrete, wrought iron, tubular steel framed, link mesh, timber, plastic coated or\ngalvanised link mesh, colour bonded metal or a material approved by the Building Surveyor.\n(2) Where the Building Surveyor approves the use of pre-used materials in the construction of a fence\nunder subclause (1), that approval shall be conditional on the applicant painting or treating the pre-\nused material as directed by the Building Surveyor.\n(3) Where required by the Building Surveyor Fencing designs are to be certified by a practicing\nstructural engineer as being suitable for wind loadings found in Region D Importance Level 2 areas in\naccordance with AS1170.2-2011.\n11. Barbed Wire and Broken Glass Fences\n(1) This clause does not apply to a fence constructed wholly or partly of razor wire.\n(2) An owner or occupier of a Commercial Lot shall not erect or affix to any fence on such a lot any\nbarbed wire or other material with spiked or jagged projections, unless the prior written approval of\nthe Building Surveyor has been obtained.\n(3) An owner or occupier of an Industrial Lot shall not erect or affix on any fence bounding that Lot\nany barbed wire or other materials with spiked or jagged projections unless the wire or materials are\ncarried on posts at an angle of 45 degrees, and unless the bottom row of wire or other materials is set\nback 150mm from the face of the fence and is not nearer than 2000mm from the ground level.\n(4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled\ntowards the outside of the lot bounded by the fence the face of the fence must be set back from the lot\nboundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not\nencroach on adjoining land.\n(5) An owner or occupier of a lot shall not affix or allow to remain as part of any fence or wall, whether\ninternal or external, on that lot any broken glass.\n(6) An owner or occupier of a Rural Lot shall not place or affix barbed wire upon a fence on that Lot\nwhere the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to\nthe side of the fence posts furthest from the thoroughfare or other public place.\nPART 5—ELECTRIFIED AND RAZOR WIRE FENCES\n12. Requirements for a building approval\n(1) An owner or occupier of a lot, other than a Rural Lot, shall not—\n(a) erect or construct an electrified fence on that lot without first obtaining a building approval\nunder subclause (2); or\n(b) construct a fence wholly or partly of razor wire on that lot without first obtaining a building\napproval under subclause (3).\n(2) A building approval to have and use an electrified fence shall not be issued—\n(a) in respect of a lot which is or which abuts a Residential Lot;\n(b) unless the fence complies with AS/NZS 3016-2002; and\n(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours\nof business operations, if any, on the lot where it is erected.\n(3) A building approval to have a fence constructed wholly or partly of razor wire shall not be issued—\n(a) in respect of a lot which is or which abuts a Residential Lot;\n(b) if the proposed fence is within 3m of the boundary of the lot; or\n(c) where any razor wire is proposed to be used in the construction of the fence is less than\n2000mm or more than 2400mm above the ground level.\n(4) An application for a building approval referred to in subclauses (2) or (3) shall be made by the\nowner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written\nconsent of the owner.\n\n1176 GOVERNMENT GAZETTE, WA 3 April 2018\n(5) An application for a building approval referred to in subclauses (2) or (3) may be—\n(a) approved by the local government or Permit Authority;\n(b) approved by the local government or Permit Authority subject to such conditions as it thinks\nfit; or\n(c) refused by the local government or Permit Authority.\nPART 6—NOTICES OF BREACH\n13. Notices of Breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the\nlocal government may give a notice in writing to the owner or occupier of that lot (‘notice of breach’).\n(2) A notice of breach shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner or occupier of the lot is required to remedy the breach within 28 days\nfrom the giving of the notice.\n(3) Should an owner or occupier fail to comply with a notice of breach, the local government may by its\nemployees, agents or contractors enter upon the lot to which the notice relates and remedy the\nbreach, and may recover the expenses of so doing from the owner or occupier of the lot, as the case\nmay be, in a court of competent jurisdiction.\n(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of\nthe Local Government Act 1995 and any power of entry exercised by the local government under this\nlocal law is subject to Part 3, Division 3 of the Local Government Act 1995.\nPART 7—OFFENCES\n14. Offences and Penalties\n(1) An owner or occupier who fails to comply with a notice of breach commits an offence and is liable\nupon conviction to a maximum penalty of $5000 and, if the offence is a continuing offence, a\nmaximum daily penalty of $500.\n(2) A person who fails to comply with or who contravenes any provision of this local law commits an\noffence and is liable to a maximum penalty of $5000 and, if the offence is a continuing offence, a\nmaximum daily penalty of $500.\n15. Modified Penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16 (1) of the Local Government Act 1995.\n(2) Unless otherwise specified, the amount of the modified penalty for an offence against any\nprovision of these Local Laws is $100.\n16. Form of Notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in section 9.17 of the Local Government\nAct 1995 is to be in or substantially in the form of Form 2 of Schedule 1 of the Local\nGovernment (Functions and General) Regulations 1996;\n(b) the form of the notice referred to in section 9.20 of the Local Government Act 1995 is to be in\nor substantially in the form of Form 3 in Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996.\nPART 8—OBJECTIONS AND APPEALS\n17. Objections and appeals\nAny decision made by the local government under this local law is subject to the provisions of Part 9,\nDivision 1 of the Local Government Act 1995.\nSCHEDULE 1—Specifications for a Sufficient Fence on a Residential Lot\n[Clause 7(2)(a)]\nThe following is a “sufficient fence” on a Residential Lot—\nA. A fence constructed of materials specified in Clause 10, with the exclusion of any form of\nmesh and which satisfies the following—\n(a) the fence design being certified by a practicing structural engineer as being suitable for\nwind loadings found in Region D Importance Level 2 areas in accordance with\nAS1170.2-2011;\n(b) The height of the fence to be 1800mm except with respect to the front set back area\nwhich is subject to the provisions of State Planning Policy 3.1—Residential Design\nCodes.\nB. Fencing which does not meet the provisions of this local law, but was installed and compliant\nas per the provisions of the repealed local law will be considered a sufficient fence provided\nthat it is maintained in good order.\n\n3 April 2018 GOVERNMENT GAZETTE, WA 1177\nSCHEDULE 2—Specifications for a Sufficient Fence on a\nCommercial Lot and an Industrial Lot\n[Clause 7(2)(b)]\nEach of the following is a “sufficient fence” on a Commercial Lot and an Industrial Lot—\nA. A fence constructed of galvanised or PVC coated rail-less link mesh, chain mesh or steel mesh\nwhich satisfies the following specifications—\n(a) the fence design being certified by a structural engineer (or manufacturer) as being\nsuitable for wind loadings found in a Region D Importance Level 2 area in accordance\nwith AS1170.2-2011;\n(b) rail-less link, chain or steel mesh is to be to a height of 1800mm on top of which are to\nbe three strands of barbed wire carrying the fence to a height of 2400mm in accordance\nwith clause 11(3) of this local law;\n(c) galvanised link mesh wire to be 2000mm in height;\n(d) Vehicle entry gates shall provide an opening of not less than 3.6m. Gates shall be fixed\nwith a drop bolt and locking attachment.\nB. A fence of a material identified in Clause 10 constructed to the minimum specifications\nreferred to in Schedule 1.\nC. Fencing which does not meet the provisions of this local law, but was installed and compliant\nas per the provisions of the repealed local law will be considered a sufficient fence provided\nthat it is maintained in good order.\nSCHEDULE 3—Specifications for a Sufficient Fence on a\nRural Lot and on a Rural Residential Lot\n[Clause 7(2)(c)]\nEach of the following is a “sufficient fence” on a Rural Lot and a Rural Residential Lot—\nA. In the case of a non-electrified fence, a sufficient fence on a Rural Lot or Rural Residential\nLot is a fence of posts and wire construction, the minimum specifications for which are—\n(a) wire shall be high tensile wire and not less than 2.5mm. A minimum of five wires shall\nbe used, generally with the lower wires spaced closer together than the higher wires so\nas to prevent smaller stock passing through, and connected to posts in all cases.\n(b) posts shall be of indigenous timber or other suitable material including—\n  timber impregnated with a termite and fungicidal preservative;\n  standard iron star pickets; or\n  concrete;\ncut not less than 1800mm long x 50mm diameter at small end if round or\n125mm x 60mm if split or sawn. Posts to be set minimum 600mm in the ground and\n1200mm above the ground; and\n(c) strainer posts shall be not less than 2250mm long and 50mm diameter at the small end\n(tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or other\nsuitable material. These shall be placed a minimum of 1000mm in the ground.\nB. An electrified fence having four wires only is a sufficient fence if constructed generally in\naccordance with (A).\nC. Fencing which does not meet the provisions of this local law, but was installed and compliant\nas per the provisions of the repealed local law will be considered a sufficient fence provided\nthat it is maintained in good order.\n————\nDated this 20th day of March 2018.\nThe Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in\nthe presence of—\nP. LONG, Mayor.\nC. ADAMS, Chief Executive Officer.\n———————————\n\n\n\n3 April 2018 GOVERNMENT GAZETTE, WA 1179\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nCITY OF KARRATHA\nBUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995, Bush Fires Act 1954 and under all\nother powers enabling it, the Council of the City of Karratha resolved on 22 January 2018 to make\nthe following local law.\nPART 1—PRELIMINARY\n1. Citation\nThis local law may be cited as the City of Karratha Bush Fire Brigades Amendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nThis local law amends the Shire of Roebourne Bush Fire Brigades Local Law, published in the\nGovernment Gazette on 16 June 2003.\n4. Title amended\nThe title of the local law is amended by deleting “Shire of Roebourne” and inserting “City of\nKarratha”.\n5. Clause 1.1 amended\nIn clause 1.1 delete “Shire of Roebourne” and insert “City of Karratha”.\n6. Clause 1.4 inserted\nInsert the following clause after clause 1.3—\n1.4 Clause 1.2\n(1) In clause 1.2(1)—\n(a) Insert the following definitions in alphabetical order—\n(i) “active member” is defined in clause 4.2;\n(ii) “Bush Fire Control Officer” means a bush fire control officer appointed under the\nAct;\n(iii) “Department” means the department of the Public Service principally assisting in\nthe administration of the Fire and Emergency Services Act 1998;\n(iv) “district” means the district of the local government;\n(v) “normal brigade activities” is defined by section 35A of the Act;\n(b) In the definition for “brigade member” delete “a fire fighting member” and insert “an\nactive member”;\n(c) In the definition of “Bush Fire Operating Procedures” delete “Bush Fire” and insert\n“Department Standard”, and delete “adopted by the local government”;\n(d) In the definition of “Rules” delete “Rules Governing the Operation of Bush Fire Brigades”\nand insert “Bush Fire Brigade Operational and Management Guide”;\n(e) Delete the definition for “Authority”;\n(f) Delete the definition for “fire fighting member”.\n7. Clause 3 amended\nInsert the following after clause 3.3—\n3.4 First Schedule amended\nThe First Schedule is amended as follows—\n(a) in the Schedule title, delete “RULES GOVERNING THE OPERATION OF BUSH FIRE\nBRIGADES” and insert “BUSH FIRE BRIGADE OPERATIONAL AND MANAGEMENT\nGUIDE”;\n\n1180 GOVERNMENT GAZETTE, WA 3 April 2018\n(b) delete “the Authority” and insert “the Department” in every instance;\n(c) delete “FESA” and insert “Department” in every instance;\n(d) delete “May” and insert “January” in every instance;\n(e) in clause 3.1 of the First Schedule, delete “Bush Fire Operating Procedures” and insert\n“Fire and Emergency Services Commissioner Standard Operating Procedures”; and\n(f) In clause 3.1 of the First Schedule, delete “fire fighting” and insert “normal brigade”.\nIn clause 5.4 of the First Schedule, delete “offices (whether vacant or not) of member” and insert\n“members”\n8. Additional clauses inserted\nInsert the following clauses after clause 3—\n“4. Part 2 amended\n4.1 Clause 2.3 amended\nIn clause 2.3—\n(a) delete all instances of “Bush Fire Operating Procedures” and insert “Fire and Emergency\nServices Commissioner Standard Operating Procedures”;\n(b) delete all instances of “other persons” and insert “all persons”.\n4.2 Clause 2.7 amended\nIn clause 2.7 delete “Bush Fire Operating Procedures” and insert “Fire and Emergency Services\nCommissioner Standard Operating Procedures”.\n5. Part 3 amended\n5.1 Clause 3.2 amended\nIn clause 3.2 delete “Bush Fire Operating Procedures” and insert “Fire and Emergency Services\nCommissioner Standard Operating Procedures”.\n5.2 Clause 3.7 amended\nIn clause 3.7 after the word “next” insert “annual”.\n6. Part 4 amended\n6.1 Clause 4.1 amended\nIn clause 4.1 delete “Fire fighting members” and insert “Active members”.\n6.2 Clause 4.2 amended\nClause 4.2 is amended as follows—\n(a) In the clause title, delete “Fire fighting” and insert “Active”.\n(b) (2) Delete “Fire fighting” and insert “Active”.\n(c) Delete “bush fire”.\n6.3 Clause 4.3 amended\nClause 4.3 is amended as follows—\n(a) After “render other” insert “voluntary”.\n(b) Delete “fire fighting members” and insert “active members”.\n6.4 Clause 4.4 amended\nClause 4.4 is amended as follows—\n(a) In subclause (a) delete “15” and insert “16”.\n(b) In subclause (d) delete “a fire fighting member” and insert “an active member”.\n(c) In subclause (f) after “ranks under” delete “the Authority’s” and insert “the brigade’s”.\n7. Part 6 amended\n7.1 Clause 6.2 amended\nIn clause 6.2 delete “May” and insert “January”. ”\n————\nDated this 20th day of March 2018.\nThe Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in\nthe presence of—\nP. LONG, Mayor.\nC. ADAMS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope. The Fencing Local Law 2018 is a direct replacement of the 2003 Shire of Roebourne fencing laws, maintaining the same regulatory purpose with updated standards. The Bush Fire Brigades Amendment Local Law 2018 is explicitly framed as an amendment to the 2003 principal law, making only technical and administrative updates without expanding the regulatory scope."},"complexity_factors":["Multiple schedules with technical specifications (3 schedules covering 5 lot types)","Cross-references to external standards (AS/NZS 1170.2-2011 for wind loading, AS/NZS 3016-2002 for electric fences)","Conditional logic for boundary fences between different lot types (clause 7(3) creates 4 different scenarios)","Nested exceptions (clause 11 on barbed wire has exclusions for razor wire, different rules for commercial vs industrial vs rural lots)","Incorporation of state planning policies by reference (State Planning Policy 3.1)","Two distinct legislative instruments bundled in one Gazette publication (fencing local law + bush fire amendment)","Amendment local law requires reading alongside principal 2003 law to understand full effect"],"plain_english_summary":"The City of Karratha made two local laws: a Fencing Local Law (replacing the 2003 Shire of Roebourne rule) that requires approvals, sets construction and maintenance standards (including cyclone wind resistance) and limits hazardous materials on fences; and a Bush Fire Brigades amendment that updates names, terms and administrative details to reflect current emergency services arrangements. \n\nThey affect property owners, businesses seeking security fencing, and volunteer brigade members — important because cyclone-proofing protects public safety and the amendment keeps emergency rules current."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The fencing law replaces the prior Shire of Roebourne local fencing rules and applies across the City of Karratha without adding new categories of regulated premises; it refines technical standards, approval and enforcement mechanics but does not broaden geographic scope (clause 3; clause 4 repeals earlier local law). The Bush Fire Brigades amendment updates terminology and procedural references to Departmental standards and renames the local authority—procedural and textual updates rather than substantive scope expansion (Bush Fire Brigades amendment clauses 3–8)."},"complexity_factors":["Multiple cross-references to other statutes and instruments (Dividing Fences Act 1961, Building Act 2011, Planning and Development Act 2005, Local Government Act 1995 and AS/AS‑NZS standards) (clauses 5, 6, 16).","Detailed technical specifications split by lot type in three Schedules (Schedules 1–3) requiring different materials, heights and engineering certification.","Permit and approval regime requiring building approvals, planning checks and fees; conditional approvals for electrified and razor-wire fences (clause 6; Part 5, clause 12).","Explicit enforcement pathway: notice of breach, 28‑day remedy period, council power to remediate and recover costs, and criminal/continuing penalties (clauses 13–15).","Local government discretion to grant exceptions or impose conditions (clause 9), creating administrative decision-making and potential variability in outcomes.","Material restrictions and conditional use of second‑hand materials and requirements for structural certification for wind loadings (clauses 10(2)–(3); Schedules).","Specific operational constraints on hazardous fencing (barbed wire, broken glass, razor wire, electrified fences) with spatial and height limits creating compliance complexity (clauses 11–12).","Amendments to Bush Fire Brigades local law largely replace terminology and align operational references to the Department and Commissioner standards—multiple textual updates across clauses (Bush Fire Brigades amendment clauses 4–8)."],"plain_english_summary":"This instrument prescribes mandatory fence standards and approval rules across the City of Karratha: who may build what kind of fence on residential, commercial, industrial and rural lots, required materials and engineering certification, limits on barbed/razor/ electrified fencing, building-approval and fee requirements, and enforcement powers (notices, remedial work and penalties). It also amends the local Bush Fire Brigades law to update terminology and align brigade procedures with Departmental standards. It mainly affects property owners, occupiers, builders, surveyors and brigade members; owners bear approval and compliance costs."}},"importantCases":[],"_links":{"self":"/api/acts/fencing-amendment-local-law-2018","history":"/api/acts/fencing-amendment-local-law-2018/history","analysis":"/api/acts/fencing-amendment-local-law-2018/analysis","conflicts":"/api/acts/fencing-amendment-local-law-2018/conflicts","importantCases":"/api/acts/fencing-amendment-local-law-2018/important-cases","documents":"/api/acts/fencing-amendment-local-law-2018/documents"}}