{"id":"wa-local:gosnells-city-of-fencing-local-law-2017","name":"Fencing Local Law 2017","slug":"fencing-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438095,"registerId":"wa-local:gosnells-city-of-fencing-local-law-2017-pdf-1775954662620","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fencing Local Law 2017","content":"!2017112GG!\n2869\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, MONDAY, 12 JUNE 2017 No. 112 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF GOSNELLS\n———————————\nFENCING LOCAL LAW 2017\n\n\n\n12 June 2017 GOVERNMENT GAZETTE, WA 2871\nLOCAL GOVERNMENT ACT 1995\nCITY OF GOSNELLS\nFENCING LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Purpose and effect\n1.4 Application\n1.5 Repeal\n1.6 Definitions\n1.7 Relationship with other laws\nPART 2—SUFFICIENT FENCES\n2.1 Meaning of ‘sufficient fence’\n2.2 Erecting a fence\nPART 3—FENCING MATERIALS AND REQUIREMENTS\n3.1 Fences that do not require a building permit\n3.2 Prohibited fencing materials\n3.3 Gates in boundary fences\n3.4 Fencing materials requiring written approval\n3.5 Masonry fences\nPART 4—OBJECTIONS AND APPEALS\n4.1 Objections and appeals\nPART 5—OFFENCES AND PENALTIES\n5.1 Offences and general penalties\n5.2 Infringements and modified penalties\n5.3 Form of infringement notices\nSCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE\nON A RESIDENTIAL LOT\nSCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A\nCOMMERCIAL LOT OR AN INDUSTRIAL LOT\nSCHEDULE 3—SPECIFICATIONS FOR A SUFFICIENT FENCE\nON A RURAL LOT\nSCHEDULE 4—PRESCRIBED OFFENCES\n\n\n\n12 June 2017 GOVERNMENT GAZETTE, WA 2873\nLOCAL GOVERNMENT ACT 1995\nCITY OF GOSNELLS\nFENCING LOCAL LAW 2017\nUnder the powers conferred on it by the Local Government Act 1995 and under all other powers\nenabling it, the Council of the City of Gosnells resolved on 23 May 2017 to make the following local\nlaw.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Gosnells Fencing Local Law 2017.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Purpose and effect\n(1) The purpose of this local law is to prescribe a sufficient fence and the standard for the construction\nof fences throughout the district.\n(2) The effect of this local law is to establish the minimum requirements for fencing within the\ndistrict.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Repeal\nThe City of Gosnells Local Laws Relating to Fencing 2000 published in the Government Gazette on 9\nAugust 2000 and amendments published in the Government Gazette on 4 September 2000 are\nrepealed.\n1.6 Definitions\n(1) In this local law—\nAct means the Dividing Fences Act 1961;\nAS/NZS means an Australian or Australian/New Zealand Standard as published by Standards\nAustralia and as amended from time to time;\nbarbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire\ntwisted around it at short intervals;\nboundary fence means a fence, other than a dividing fence, that separates private land from\nland that is local government property or a thoroughfare;\nbuilding permit has the meaning given to it in the Building Act 2011;\ncommercial lot means a lot where a commercial use—\n(a) is or may be permitted under the district planning scheme; and\n(b) is or will be the predominant use of the lot;\ndistrict means the district of the local government;\ndistrict planning scheme means a local planning scheme of the local government made under\nthe Planning and Development Act 2005;\ndividing fence has the meaning given to it in the Act;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure, not 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;\n\n2874 GOVERNMENT GAZETTE, WA 12 June 2017\nindustrial lot means a lot where an industrial use—\n(a) is or may be permitted under the district planning scheme; and\n(b) is or will be the predominant use of the lot;\nlocal government means the City of Gosnells;\nlocal government property has the meaning given to it in the Local Government Act 1995;\nlot has the meaning given to it in the Planning and Development Act 2005;\nprimary street means the sole or principal thoroughfare that provides access to the major entry\n(front door) to the dwelling;\npublic open space means land used or intended for the purposes of public recreation;\nrazor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at\nclose intervals;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nresidential lot means a lot where a residential use—\n(a) is or may be permitted under the district 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 district planning scheme; and\n(b) is or will be the predominant use of the lot;\nSchedule means a Schedule to this local law;\nstreet boundary means the boundary between the land comprising the primary street and the\nland that abuts thereon;\nstreet setback means the horizontal distance between the street boundary and a building,\nmeasured at right angles (90 degrees) to the street boundary;\nstreet setback area means the area between the street boundary and the street setback;\nsufficient fence means a fence described in clause 2.1;\nthoroughfare has the meaning give to it in the Local Government Act 1995, but does not include\na private thoroughfare which is not under the management or control of the local\ngovernment;\nvisually permeable has the meaning given to the term in State Planning Policy 3.1—Residential\nDesign Codes.\n1.7 Relationship with other laws\n(1) In the event of any inconsistency between the provisions of a district planning scheme and the\nprovisions of this local law, the provisions of the district planning scheme are to prevail.\n(2) Nothing in this local law affects the need for compliance, in respect of a fence, with—\n(a) any relevant provisions of a district planning scheme; and\n(b) any relevant provisions that apply if a building permit is required for that fence under the\nBuilding Act 2011 or Building Regulations 2012.\nPART 2—SUFFICIENT FENCES\n2.1 Meaning of ‘sufficient fence’\n(1) For the purposes of the Act, a dividing fence is a sufficient fence in a residential area if it is\nconstructed on or near the boundary between a residential lot and—\n(a) another residential lot;\n(b) a commercial lot;\n(c) an industrial lot;\n(d) a rural lot; or\n(e) public open space,\nand is constructed and maintained to a minimum standard in accordance with the specifications in\nSchedule 1.\n(2) For the purposes of the Act, a dividing fence is a sufficient fence in an industrial or commercial\narea if it is constructed on or near the boundary between a commercial lot or an industrial lot and a—\n(a) commercial lot;\n(b) industrial lot;\n(c) rural lot,\nand is constructed and maintained to a minimum standard in accordance with the specifications in\nSchedule 2.\n(3) For the purposes of the Act, a dividing fence is a sufficient fence in a rural area if it is constructed\non or near the boundary between two or more rural lots and is constructed and maintained to a\nminimum standard in accordance with the specifications in Schedule 3.\n\n12 June 2017 GOVERNMENT GAZETTE, WA 2875\n2.2 Erecting a fence\nNotwithstanding any other provisions in this local law, a person must not erect a dividing fence or\nfence that is not a sufficient fence, unless it is designed by a suitably qualified structural engineer\nand constructed in accordance with that design.\nPART 3—FENCING MATERIALS AND REQUIREMENTS\n3.1 Fences that do not require a building permit\nFences that do not require a building permit are dealt with in the Building Regulations 2012.\n3.2 Prohibited fencing materials\n(1) In constructing a fence a person must not use—\n(a) broken glass or any other potentially harmful projections or material;\n(b) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any\ncause.\n3.3 Gates in boundary fences\nA person shall not install a gate in a boundary fence which does not open—\n(a) into the lot; or\n(b) by sliding parallel on the inside of the fence, which it forms part of, when closed,\nwithout first obtaining the written approval of the local government.\n3.4 Fencing materials requiring written approval\n(1) A person shall not construct a—\n(a) barbed wire fence;\n(b) electrified fence; or\n(c) razor wire fence,\nwithout first obtaining the written approval of the local government.\n(2) Subclause (1a) does not apply to an Industrial, Commercial or Rural lot where the following\nconditions are met—\n(a) on an Industrial or Commercial Lot where the barbed wire is carried on posts and the bottom\nrow of wire is not nearer than 2000mm to the ground level.\n(b) if the posts which carry the barbed wire referred to in subclause (2a) are angled towards the\noutside 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\ndo not encroach on adjoining land.\n(c) an owner or occupier of a Rural Lot shall not place or affix barbed wire upon a fence on that\nLot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire\nis fixed to the side of the fence posts furthest from the thoroughfare or other public place.\n(3) Approval for an electrified fence will not be granted on an Industrial or Commercial lot unless the\nfence complies with AS/NZS 3016:2002—Electrical Installations—Electric Security Fences.\n(4) Subclause 1(b) does not apply to a Rural lot where the electrified fence complies with AS/NZS\n3016:2002—Electrical Installations—Electric Security Fences, and any wire that carries an electric\ncharge is located at least 300mm away from all boundaries on the lot.\n(5) Any barbed wire fence, electrified fence or razor wire fence shall be constructed in accordance with\nthe conditions of written approval issued by the local government.\n3.5 Masonry fences\nA masonry fence must be constructed in accordance with AS3700-2011 Masonry structures.\nPART 4—OBJECTIONS AND APPEALS\n4.1 Objections and appeals\nWhere the local government makes a decision under this local law the provisions of Division 1 of Part\n9 of the Local Government Act 1995 and regulation 33 or the Regulations shall apply to that decision.\nPART 5—OFFENCES AND PENALTIES\n5.1 Offences and general penalties\nA person who fails to comply with, or who contravenes any provision of this local law commits an\noffence and is liable on conviction to a penalty of not less than $250 and a maximum penalty of $5,000\nand, if the offence is a continuing offence, to a maximum daily penalty of $500 for every day or part of\na day during which the offence continues.\n5.2 Infringements and modified penalties\n(1) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of\nsection 9.16(1) of the Local Government Act 1995.\n(2) The amount appearing in the final column of Schedule 4 directly opposite a prescribed offence in\nthat Schedule is the modified penalty for that prescribed offence.\n\n2876 GOVERNMENT GAZETTE, WA 12 June 2017\n5.3 Form of infringement notices\nFor the purposes of this local law—\n(a) the form of the infringement notice given under section 9.16 of the Local Government\nAct 1995 is that of Form 2 in Schedule 1 of the Regulations;\n(b) the form of the notice given under section 9.20 of the Local Government Act 1995 withdrawing\nan infringement notice is that of Form 3 in Schedule 1 of the Regulations.\n————\nSchedule 1\nLOCAL GOVERNMENT ACT 1995\nCity of Gosnells\nFencing Local Law 2017\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n1. Where a fence separates a residential lot from another residential lot, a commercial lot, an\nindustrial lot or a rural lot, a sufficient fence is a fence constructed of non permeable materials\ndesigned specifically for use as a fence, or masonry, and installed in accordance with the\nmanufacturer’s specifications to a height of 1.8 metres.\n2. Where a fence separates a residential lot from public open space, subject to clause 3, a sufficient\nfence is a fence constructed of materials designed specifically for use as a fence, or masonry, and\ninstalled in accordance with the manufacturer’s specifications such that at least 50% of the fence is\nvisually permeable.\n3. Where a residential lot abuts public open space on more than one side, a sufficient fence is a fence\nconstructed of materials designed specifically for use as a fence, or masonry, and installed in\naccordance with the manufacturer’s specifications provided that the fencing on the lot that abuts\npublic open space is visually permeable to a length equivalent to at least 50% of the length of the\nlongest boundary that abuts public open space.\n————\nSchedule 2\nLOCAL GOVERNMENT ACT 1995\nCity of Gosnells\nFencing Local Law 2017\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT\nOR AN INDUSTRIAL LOT\nA sufficient fence is a fence that meets the specifications in Schedule 1, or a chain link fabric fence\nerected in accordance with AS1725.1-2010 Chain link fabric fencing with a height of 1.8 metres.\n————\nSchedule 3\nLOCAL GOVERNMENT ACT 1995\nCity of Gosnells\nFencing Local Law 2017\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT\nA sufficient fence is a fence that meets the specifications in Schedules 1 or 2 but to a height of at least\n1.2 metres, or a fence of post and wire construction erected at a height of at least 1.2 metres and\ncontaining a minimum of 5 wires, with the lower wires spaced closer together than the higher wires\nso as to prevent smaller stock passing through and each wire connected to posts in all cases.\n————\nSchedule 4\nLOCAL GOVERNMENT ACT 1995\nCity of Gosnells\nFencing Local Law 2017\nPRESCRIBED OFFENCES\n[Clause 5.2]\nClause Description\nModified\nPenalty\n$\n2.2 Erecting a fence that is not a sufficient fence 200\n3.2(1)(a) Affix, or use, any broken glass or harmful projections or material on\na fence 250\n\n12 June 2017 GOVERNMENT GAZETTE, WA 2877\nClause Description\nModified\nPenalty\n$\n3.2(1)(b) Use material that is likely to collapse or fall from any cause 250\n3.3(a) Erect a gate in a fence not opening into the lot 200\n3.3(b) Erect a gate in a fence not sliding parallel and inside of fence 200\n3.4(1) Erect a fence using barbed wire, razor wire, or electrified fence\nwithout written approval of the local government 250\n3.4(2) Failing to comply with a condition for the erection of a barbed wire\nfence 250\n3.5 Construct a masonry fence not in accordance with AS3700-2011\nMasonry Structures 200\nDated 26 May 2017.\nThe Common Seal of the City of Gosnells was affixed by authority of a resolution of the Council in the\npresence of—\nOLWEN SEARLE, JP, Mayor.\nIAN COWIE, PSM, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The local law repeals the City of Gosnells 2000 fencing local laws (clause 1.5) but, on its face, restates the council’s objective to prescribe a sufficient fence and minimum construction standards (clause 1.3). The instrument does not explicitly expand or narrow geographic or subject‑matter scope beyond applying 'throughout the district' (clause 1.4); it updates technical references and formalises approval/engineering requirements rather than declaring a stated change of scope."},"complexity_factors":["Cross‑references to other legislation and instruments require users to check multiple sources (Dividing Fences Act 1961; Building Act 2011; Planning and Development Act 2005; Local Government (Functions and General) Regulations 1996) — see clauses 1.6 and 1.7.","Technical standards are incorporated by reference (AS/NZS, AS3700-2011, AS1725.1-2010, AS/NZS 3016:2002), which imposes technical compliance obligations and may require specialist interpretation — see clauses 1.6, 3.5, Schedule 2, and clause 3.4(3)-(4).","Multiple lot classifications (residential, commercial, industrial, rural) tie fence requirements to the district planning scheme, so applying rules requires land‑use verification — see definitions in clause 1.6 and Schedules 1–3.","Discretionary written approvals from the local government are required for barbed wire, razor wire and electrified fences and for non‑standard gates, creating administrative decision points and conditions that affect compliance — see clauses 3.3 and 3.4(1),(5).","Engineering requirement for any fence that does not meet the ‘sufficient fence’ specification creates cost and documentation burdens for owners/constructors — see clause 2.2.","Varied technical specifications across Schedules (heights, visual permeability, chain link standard, post‑and‑wire construction for rural lots) add rule complexity for different contexts — see Schedules 1–3.","Enforcement mechanics combine criminal penalties and prescribed infringement notices with specified modified penalties and reference to Regulation forms, requiring procedural steps for issuing and withdrawing notices — see clauses 5.1–5.3 and Schedule 4."],"plain_english_summary":"The local law sets minimum standards for fences across the City of Gosnells. It defines what counts as a “sufficient fence” for residential, commercial, industrial and rural lots, prescribes heights, acceptable materials and visual permeability next to public open space, and requires council approval or an engineer’s design for certain fences. It affects property owners, builders and occupiers by creating permit/approval and design obligations, potential engineering or compliance costs, and infringement penalties enforceable by the local government."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating fence construction standards within the City of Gosnells. It repeals and replaces the 2000 Fencing Local Laws without expanding into unrelated areas. The scope is appropriately limited to fencing materials, heights, safety requirements, and enforcement mechanisms."},"complexity_factors":["23 defined terms in section 1.6, including cross-references to external legislation (Dividing Fences Act 1961, Building Act 2011, Planning and Development Act 2005)","Nested conditional logic in clause 3.4 with multiple exceptions: barbed wire generally banned except on industrial/commercial lots with height/post angle conditions, and rural lots with positioning conditions; electrified fences similarly tiered","Three different schedules with varying specifications based on lot type (residential/commercial/industrial/rural) and context (adjacent to public open space vs other properties)","Dual penalty structure: general penalties up to $5,000 plus daily rates, plus specific modified penalties for prescribed offences in Schedule 4","Hierarchy of laws clause (1.7) establishing that district planning schemes prevail over this local law, creating potential conflict resolution complexity","Cross-references to multiple Australian Standards (AS/NZS 3016:2002, AS1725.1-2010, AS3700-2011) and State Planning Policy 3.1"],"plain_english_summary":"This local law sets minimum standards for private boundary fences in the City of Gosnells—specifying acceptable heights, materials and visibility for residential, commercial, industrial and rural properties, plus rules on gates and masonry compliance. It bans hazardous materials (e.g., broken glass), restricts barbed/razor/electric wire to approved circumstances, and links to state dividing-fence and building permit laws.\n\nNoncompliance attracts fines (including daily penalties) and on-the-spot fines for certain unsafe materials."}},"importantCases":[],"_links":{"self":"/api/acts/fencing-local-law-2017","history":"/api/acts/fencing-local-law-2017/history","analysis":"/api/acts/fencing-local-law-2017/analysis","conflicts":"/api/acts/fencing-local-law-2017/conflicts","importantCases":"/api/acts/fencing-local-law-2017/important-cases","documents":"/api/acts/fencing-local-law-2017/documents"}}