{"id":"wa-local:kent-shire-of-shire-of-kent-local-laws-relating-to-fencing","name":"Shire of Kent Local Laws Relating to Fencing","slug":"shire-of-kent-local-laws-relating-to-fencing","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438315,"registerId":"wa-local:kent-shire-of-shire-of-kent-local-laws-relating-to-fencing-pdf-1775954793226","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Kent Local Laws Relating to Fencing","content":"GOVERNMENT GAZETTE, WA 48372 September 1998]\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM\nPERTH, WEDNESDAY, 2 SEPTEMBER 1998 No. 177\n4837WESTERN\nAUSTRALIAN\nGOVERNMENT\nSPECIAL\nPRINT POST APPROVED PP665002/00041\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KENT\nLOCAL LAWS RELATING TO FENCING\nPARKING FACILITIES LOCAL LAW\n\n\n\nGOVERNMENT GAZETTE, WA 48392 September 1998]\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KENT\nLOCAL LAWS RELATING TO FENCING\nIn pursuance of the powers conferred upon it by the abovementioned Act and of all other powers enabling\nit, the Council of the abovementioned Council hereby records having resolved on the 15th day of July\n1998 to make the following Local Laws.\nCitation\n1. These Local Laws apply to the townsites of Nyabing and Pingrup as defined under the Town Planning\nScheme for the time being in force.\nInterpretation\n2. In these Local Laws unless the context otherwise requires—\n“Council” means the Council of the Shire of Kent.\n“District” means the municipal district of the Shire of Kent.\n“Dangerous Fence” means a fence declared by a Building Surveyor to be in a dangerous condition\nby reason of any one or more of the following, namely; faulty design, location, construction,\ndeterioration of materials, damage by termites, decay, damage by collision, changes in ground\nlevels, or any other cause.\n“Fence” means a fence abutting a road way or street or a fence on or near the boundary line of a\nlot includes any free standing wall and retaining wall.\n“Industrial and Commercial Zone” means any portion of the District that is classified or zoned\nindustrial or commercial by a Town Planning Scheme or Local Law for the time being in force.\n“Residential Zone” means any portion of the District that is classified or zoned Residential by a\nTown Planning Scheme or Local Law for the time being in force.\n“Building Surveyor” means a building surveyor appointed by the Shire of Kent.\n“Dividing Fence” means a fence that separates the land of different owners whether the fence is\non the common boundary of the adjoining land or on a line other than the common boundary.\n“Town Planning Scheme” means the Town Planning Scheme of the Shire of Kent for the time\nbeing in force under the provisions of the Town Planning and Development Act 1982 (as\namended).\nSufficient Fence\n3. Subject to Local Laws 4 and 5—\n(a) A fence within a Residential Zone constructed in accordance with the specifications set out in\nthe First Schedule hereto is hereby prescribed as a “sufficient fence” for the purpose of the\nDividing Fences Act 1961 (as amended).\n(b) A fence within an Industrial and Commercial Zone constructed in accordance with the\nspecifications set out in the Second Schedule hereto is hereby prescribed as a “sufficient fence”\nfor the purpose of the Dividing Fences Act 1961 (as amended).\nFences on Boundaries\n4. Where a fence is erected on a boundary line between land in a Residential zone and land in some\nother zone then a “sufficient fence” for the purposes of the Dividing Fences Act 1961 (as amended) shall\nbe prescribed as a “sufficient fence” for a Residential Zone.\n5. Where a fence is erected on a boundary line between land in differing zones neither of which is a\nResidential Zone the Council shall determine which schedule shall apply for the purposes of prescribing\na “sufficient fence” for the purpose of the Dividing Fences Act 1961 (as amended).\nFencing Material\n6. No person shall construct a fence of second hand material within the townsite of Pingrup or Nyabing\nunder any circumstances, and in any other case without the written consent of the Council in its\nabsolute discretion may refuse to grant or may grant upon such terms and conditions as it deems fit.\n7. No fence shall be constructed of sheet metal unless the fence to be erected is adequately capped.\nFence Height\n8. Within a Residential Zone, subject to Local Law 13 a front boundary fence not exceeding 1200mm\nin height may be constructed along the full width of the frontage of a lot.\n\nGOVERNMENT GAZETTE, WA [2 September 19984840\n9. A fence within a Residential Zone in excess of 1200mm and not exceeding 1800mm in height may\nbe constructed along the front boundary of a lot subject to—\n(a) approval by Council; and\n(b) Local Law 13 being complied with.\n10. A fence within a Residential Zone shall not, within 7.5 metres of the front boundary of the lot,\nexceed 1200mm in height, without the express approval of Council.\n11. The Council at its discretion may upon written application approve a fence other than those\npermitted by these Local Laws.\n12. No person shall erect any structure in front of the building line in an Industrial, Commercial or\nResidential Zone other than a fence permitted by these Local Laws without having first made written\napplication to and obtained the written approval of the Council.\n13. No person shall erect or permit to be erected on any land owned or occupied by him any wall,\nfence, hedge, tree, shrub or other obstruction of a greater height than 750mm measured from the level\nof the footpath, road or right-of-way immediately adjoining the same within the area enclosed by the\nboundaries of the streets, roads, or right-of-way boundary from the point of intersection of the streets,\nroads or right-of-way or from the point of intersection of a prolongation of the said boundaries except\nthat this Local Law shall not apply to intersections or junctions having the standard truncation of 8.5\nmetres or more.\n14. No person shall erect a dividing fence greater than 1800mm in height in a Residential Zone\nwithout having first made application to and obtained the written approval of the Council.\nCouncil Approval\n15. No person shall—\n(a) commence to erect or proceed with the erection of a retaining wall which is on a boundary line\nunless and until he has lodged with the Council two (2) copies of a plan and specifications\nthereof and in the case of a retaining wall exceeding 1000mm in height when required by the\nCouncil, engineering calculations in respect thereof and the Council has approved a copy of\nthe plan and specifications and (where applicable) the calculations.\n(b) No person shall erect or permit a dividing fence to act as a retaining wall without first having\nobtained Council permission.\n(c) erect a fence of a type not otherwise specified, unless approval is obtained from Council.\nFence Condition and Dangerous Fences\n16. A fence wholly or partly of barbed wire complying with these Local Laws may only be erected—\n(a) In any area that is used for rural purposes;\n(b) In an Industrial and Commercial Zone if no barbed wire is used below a height of 1800mm\nfrom the ground; or\n(c) In any other part of the Shire of Kent with the written approval of the Council.\n17. No person shall—\n(a) erect or maintain a dangerous fence in the Kent Shire without the written approval of Council.\n(b) No person shall erect an electric fence in the Kent Shire townsites without the written approval\nof Council.\n18. The use of metal spikes, broken glass or any other potentially dangerous material in or on any\nfence in the district is prohibited.\n19. The owner or the occupier of land on which a fence is erected shall maintain the fence in good\ncondition and in such manner as to prevent it from being dilapidated, unsightly or prejudicial to property\nin or to the inhabitants of the neighbourhood.\n20. The Council may give notice in writing to the owner or occupier of any land upon which there is a\ndangerous fence or fence which is in the opinion of the Building Surveyor in bad condition or repair,\ndilapidated, unsightly or prejudicial to property in or to the inhabitants of the neighbourhood or is\ncontrary to the provisions of these Local Laws requiring such owner or occupier to repair, paint, or\nmaintain such fence within the time stipulated in the notice or in that time in which to comply. Any\nperson who fails to comply with the terms of any notice served under these Local Laws commits an\noffence.\n21. A gate in a fence shall not open outwards onto a street or right of way unless the gate opens\nwithin the property boundary, unless otherwise approved by Council.\nOffences\n22. Where the owner or occupier of land fails to comply with a written notice given by the Council in\naccordance with Local Law 16 of these Local Laws the Council may enter upon such land and carry out\nthe works specified in the written notice and the costs and expenses incurred by the Council in so doing\nmay be recovered from such owner or occupier in a Court of competent jurisdiction.\n23. Any person who commits a breach of these Local Laws commits an offence and shall on conviction\nbe liable to—\n(a) a maximum penalty of $200, and\n(b) in addition a maximum daily penalty of $20 for each day during which the offence occurs.\n\nGOVERNMENT GAZETTE, WA 48412 September 1998]\nFIRST SCHEDULE\nResidential Zone\nA sufficient fence shall be a free standing fibro cement or sheet metal fence having specifications as\nfollows—\n(a) A height of 1500mm;\n(b) An in-ground depth of 25% of the total length of the sheet with a minimum in-ground length of\n600mm;\n(c) The combined height and depth of the fence shall consist of a single continuous fibre reinforced\ncement or metal sheet.\n(d) Fibre reinforced cement or metal sheets are to be lapped and capped with extruded “snapfit”\ntype capping in accordance with the manufacturer’s specifications.\nSECOND SCHEDULE\nIndustrial and Commercial Zone\nA sufficient fence shall consist of rail-less link or chain mesh of a height of 1800mm on top of which are\nthree strands of barbed wire carrying the fence to a height of 2100mm supported by galvanised iron\nposts of a diameter of 50mm spaced at three (3) metre centres and sunk in the ground 600mm and\nencased in a concrete footing having a dimension of 160mm x 160mm.\nDated this 2nd day of September 1998.\nThe Common Seal of the Shire of Kent was herein affixed in the presence of—\nBARBARA J. MORRELL, President.\nIAN B. FITZGERALD, Chief Executive Officer.\n\nGOVERNMENT GAZETTE, WA [2 September 19984842\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KENT\nPARKING FACILITIES LOCAL LAW\nThe Council of the Shire of Kent under the powers conferred upon it by the Local Government Act 1995\nas amended, resolved on the 15 July 1998, to make and submit for confirmation by the Governor the\nfollowing local laws:\nArrangement\nPart 1—Preliminary\nPart 2—Parking on Roads\nPart 3—Standing and Parking Generally\nPart 4—Miscellaneous\nSchedules\nPART 1—PRELIMINARY\n1. Citation\nThis Local Law may be cited as the Shire of Kent Parking Facilities Local Law.\n2. Definition\nIn this Local Law unless the context requires otherwise:\n“Act” means the Local Government Act 1995 as amended;\n“appointed place” means a place appointed by the Council to which vehicles causing an obstruction\nmay be removed;\n“AS” means Australian Standard published by the Standards Association of Australia;\n“authorised person” means a person appointed by the Council to administer the local law;\n“authorised vehicle” means a vehicle authorised by the Council or an authorised person to stand\nor park on a road, which is designated by signs to be used for parking by authorised vehicles\nonly;\n“bicycle” means any 2 or 3 wheeled vehicle that is designed to be propelled:\n(a) solely by human power, or\n(b) a 2-wheeled or 3-wheeled vehicle that is a power assisted pedal cycle\n“carriageway” means a portion of the road that is improved, designed or ordinarily used for\nvehicular traffic and includes the shoulders and areas including embankments at the side or\ncentre of the carriageway, used for the standing or parking of vehicles. Where a road has two or\nmore of those portions divided by a median strip, the expression means each of those portions\nseparately;\n“CEO” means the Chief Executive Officer of the Shire of Kent;\n“Council” means the Council of the Shire of Kent;\n“driver” means any person driving or in control of, a vehicle or animal;\n“emergency access way” means a clearway for the use of emergency vehicles;\n“footpath” includes a path used by, or set aside or intended for use by, pedestrians or both\npedestrians and cyclists;\n“median strip” means:\n(a) any physical provision, dividing a road to separate vehicular traffic proceeding in opposite\ndirections;\n(b) any physical provision, including a traffic island designed to separate parked vehicles\nfrom vehicular movement areas;\n“member of the Police Service” means a member of the Police Service of Western Australia;\n“Minister” means the Minister for Local Government\n“Notice” means a notice in the form of Form 1, Form 2 or Form 3 issued pursuant to clauses\n25-27 inclusive of this local law;\n“owner” of a vehicle means the person who is the holder of the requisite vehicle license under the\nRoad Traffic Act in respect of that vehicle, or the person who is entitled to the possession of the\nvehicle;\n\nGOVERNMENT GAZETTE, WA 48432 September 1998]\n“park” means to permit a vehicle, whether attended or not, to remain stationary except for the\npurpose of avoiding conflict with other traffic, or complying with the provisions of any law or of\nimmediately taking up or setting down persons or goods, and “parking” has a correlative\nmeaning;\n“parking facilities” includes land, buildings, shelters, parking spaces and any other facilities\nopen to the public generally for the parking of vehicles with or without signs used in conjunction\nwith those things;\n“parking region” means the townsites of the Shire of Kent;\n“parking space” means a section or part of a road, reserve which is marked or defined by painted\nlines, by metallic studs or by similar devices for the purpose of indicating where vehicles may\nstand or park whether on payment of a fee or charge or otherwise;\n“reserve” means any land, other than street reserves, owned by, vested in or otherwise under the\ncare, control or management of the local government;\n“reserve car park” means any portion of a reserve set aside by the Shire for the purpose of the\nstanding or parking of vehicles whether on payment of a fee or charge or otherwise;\n“road” means any road, street, land, thoroughfare or similar place within the parking region and\nincludes all of the land lying between the property lines including street verge and footpath;\n“Road Traffic Act” means the Road Traffic Act 1974 as amended;\n“Shire” means the Shire of Kent;\n“sign” means a traffic sign, mark or structure, symbol or device placed, erected on or near a road,\nor a reserve for the purpose of regulating, directing or guiding parking of vehicles;\n“stand” in relation to a vehicle, means to stop a vehicle and permit it to remain stationary, except\nfor the purpose of avoiding conflict with other traffic or of complying with the provisions of any\nlaw and “standing” has a correlative meaning;\n“street” has the same meaning as road;\n“symbol” means a letter, figure or other character or mark or combination of letters or such like,\nwithout limiting the generality of the foregoing includes any symbol issued or specified by the\nAustralian Standard 1742.11-1989 for use in the regulation of parking;\n“vehicle” includes:\n(a) every conveyance (excluding wheelchairs), not being a train, vessel or aircraft and every\nobject capable of being drawn, propelled on wheels or tracks, by any means;\n(b) where the context permits an animal being ridden or driven.\n3. Application of Local Law\nThis Local Law shall apply to all parking facilities in the parking region. However, the provisions of\nthis Local Law shall not apply to any parking facility:\n(a) which is not owned, controlled, nor occupied by the Shire, or\n(b) which although owned by the Shire is leased to another person.\n4. Vehicle Classification\nFor the purpose of this local law, vehicles are:\nAny conveyance (excluding wheelchairs) not being a train, vessel or aircraft and every object capable\nof being drawn or propelled, on wheels or tracks, by any means; and where the context permits an\nanimal being ridden or driven.\n5. Application of Signs\n(1) Where the standing or parking of vehicles in a street is regulated by a sign, then the sign shall for\nthe purpose of the Local Law apply to that part of the street which:\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign; and\n(c) is that side of the carriageway of the street nearest the sign.\n(2) For the purpose of this Local Law a sign may prohibit or regulate parking or standing by the use\nof any symbol or other traffic control device in accordance with AS.1742.11.\nPART 2—PARKING ON ROADS\n6. Establishing and Amending Parking Provisions\nThe Council may by resolution constitute, determine, vary and indicate by signs:\n(a) prohibitions;\n(b) regulations; and\n(c) restrictions\non the parking and standing of vehicles in all roads, specified roads or specified parts of roads in the\nparking region.\n7. Parking Contrary to Signs\n(1) A person shall not stand a vehicle on a road or part of a road:\n(a) upon which the standing of vehicles is prohibited at all times by a sign;\nor\n\nGOVERNMENT GAZETTE, WA [2 September 19984844\n(b) upon which the standing of vehicles is prohibited at that time by a sign.\n(2) A person shall not park a vehicle on a road or part of a road:\n(a) upon which the parking of vehicles is prohibited at all times by a sign;\nor\n(b) upon which the standing of vehicles is prohibited at that time by a sign.\n(3) Subject to clause 13, a person shall not stand or park a vehicle on any part of a road whether or\nnot that part is marked as a parking space, for more than 24 hours or a time specified by signage.\n(4) A person shall not stand or park a vehicle or permit a vehicle to stand in a street or reserve car\npark:\n(a) which is by any sign thereon or adjacent thereto set apart for the standing or parking of vehicles\nof a different class;\n(b) if by any sign the standing of vehicles is prohibited or restricted during any period or periods,\nduring such period or periods;\n(c) which is by any sign designated “Authorised Vehicles Only” or “Council Vehicles Only”, unless\nthe person first obtains the permission of the Council, the Chief Executive Officer or an\nauthorised person.\n8. Occupied Parking Spaces\nA person shall not stand or park or attempt to stand or park a vehicle in a parking space on which\nanother vehicle is standing or parking.\n9. Median Strip and Traffic Islands\nA person shall not stand or park a vehicle on any part of a road so that any portion of the vehicle is:\n(a) on a median strip;\n(b) adjacent to a median strip otherwise than in a parking space.\n10. Parking Position on Road\n(1) A person shall not park or stand a vehicle or permit a vehicle to stand or park on any road\notherwise than:\n(a) parallel to and as close to the kerb as practical;\n(b) headed in the direction of the movement of the traffic on the part of the road on which the\nvehicle is parked;\n(c) wholly within a parking space if the part of the road upon which the vehicle is standing or\nparked is provided with parking spaces.\n(2) A person shall not stand or park a vehicle in a parking space which is not set out parallel to a kerb\notherwise than wholly within that parking space.\n11. Traffic Obstructions\nA person shall not stand or park a vehicle so that any portion of the vehicle is:\n(a) in front of a right of way, passage or private driveway or so close as to deny vehicles reasonable\naccess or egress from said right of way, passage or private driveway;\n(b) upon an intersection except adjacent to a carriageway boundary that is broken by an intersection\ncarriageway;\n(c) on or over a footpath, disabled access to a footpath or place of refuge for pedestrians;\n(d) in front of a footpath or bridle trail constructed across a reserve;\n(e) on or over any footpath or bridle trail, emergency access way or pedestrian crossing;\n(f) within 2 metres of a fire hydrant or fire plug, or of any sign or mark indicating the existence of\na fire hydrant or a fire plug;\n(g) obstructing a right of way, passage or private drive or carriageway or so close to as to deny\nvehicles reasonable access to or egress from the right of way, passage or private drive or\ncarriageway;\n(h) within 6 metres of the nearer property line of any street intersecting the street on the side on\nwhich the vehicle is standing.\n12. Double Park\nA person shall not stand or park a vehicle on a road so that portion of the vehicle is between any vehicle\nparked or standing on a carriageway of that road and the centre of that road.\n13. Verge Parking\n(1) A person shall not stand or park a vehicle on a street verge where signs prohibit the standing or\nparking of vehicles on that verge;\n(2) Clause 13(a) shall not apply to a vehicle driven or parked on a crossover or other usual accessway\nto land adjoining a carriageway provided that such vehicle is driven or parked at right angles to the\ncarriageway and not parked on or near a footway so as to cause an obstruction;\n(3) Clause 13(a) shall not apply to the owner or occupier of the adjoining property or if the vehicle’s\nowner has the permission of the property owner or occupier, provided that:\n(a) a private vehicle is not parked on the street verge for more than 24 hours without being moved;\n(b) a vehicle is not parked on the verge to be wrecked.\n\nGOVERNMENT GAZETTE, WA 48452 September 1998]\n14. Direction to Move Vehicle\nA person shall not permit a vehicle to stand or park in any part of a street, if any authorised person or\nmember of the Police Service directs the driver of such vehicle to move it.\n15. Repairs to and Sale of Vehicles\nA person shall not park on any portion of a street:\n(a) for the purpose of effecting repairs to it, other than the minimum repairs required to enable\nthe vehicle to be moved to a place other than a road;\n(b) if the vehicle is exposed for sale.\nPART 3—STANDING AND PARKING GENERALLY\n16. Bicycle Parking\nA person shall not park or stand a bicycle in a parking space.\n17. Private Property\nA person shall not stand or park or permit to park or stand on land which is not part of a road or\nparking facility without consent of the owner or person in occupation of such land.\n18. Overlength Vehicle\nA person shall not stand or park a vehicle or any combination of vehicles that, together with anything\nin or on that vehicle is more than 8 metres in length on a carriageway for any period exceeding 24\nhours.\n19. Parking on Reserves\nA person shall not stand or park a vehicle on a public reserve, other than within a reserve car park on\nthat reserve, without the permission of the Council or an authorised person, or a member of the Police\nService.\n20. Camping\nA person shall not cause a vehicle to be parked in such a manner as to be used in whole or part as a\ncamping facility on roads or on reserves under control of the Shire other than in those areas designated\nfor use as camping areas.\nPART 4—MISCELLANEOUS\n21. Affixing Signs and Notices\nA person shall not without permission of the Council affix any board, sign, placard, notice or other\nthing to or paint or write on any part of a parking sign or parking facility.\n22. Appointment of Authorised Person\n(1) The Council may appoint a person as an authorised person for the purpose of the enabling of this\nLocal Law to be given full Force and effect.\n(2) An authorised person shall be furnished with a certificate of appointment in a form determined\nby the Chief Executive Officer from time to time.\n23. Impersonation of Authorised Person\nA person who is not an authorised person shall not in any way assume the duties of an authorised\nperson.\n24. Obstruction of Authorised Person\n(1) A person shall not in any way obstruct or hinder an authorised person in the execution of any\nduty under this local law.\n(2) An authorised person may mark the tyres of a parked vehicle with chalk or any other non-indelible\nsubstance for any purpose connected with or arising out of his or her duties and powers and a person\nshall not remove such a mark made by an authorised person so that the purpose of affixing the mark\nis defeated or likely to be defeated.\n(3) An authorised person who finds a person committing or who on reasonable grounds suspects a\nperson of having committed a breach of the provisions of this Local Law may demand from that person\nhis or her name and place of abode.\n(4) A person who refuses a demand from an authorised person to state his or her name or place of\nabode, or who states a false name or place of abode, commits an offence against this local law.\n25. Form 1—Original Notice\nAn infringement notice served under section 9.16 of the Act in respect of an offence against this Local\nLaw shall be in or to the effect of Form 1 of Schedule 2 of this local law.\n26. Form 2—Notice to Identify Driver\nA notice served under section 9.13 (3) of the Act in respect of an offence alleged to have been committed\nagainst this Local Law shall be in or to the effect of Form 2 of Schedule 1 of this local law.\n27. Form 3—Withdrawal Notice\nA notice sent under section 9.20 of the Act withdrawing an infringement notice served under that\nsection in respect of an offence alleged to have been committed against this Local Law shall be in or to\nthe effect of Form 3 of Schedule 1 of this local law.\n\nGOVERNMENT GAZETTE, WA [2 September 19984846\n28. Removal of Notice\nA person other than the driver or owner of a vehicle shall not remove from that vehicle any notice\naffixed to or on it by an authorised person or a member of the Police Service.\n29. Offence\nAny person who contravenes or fails to comply with the provisions of the Local Law commits an offence\nand is liable upon conviction to a penalty not exceeding $1,000.00.\n30. Modified Penalties\nThe amount appearing in column 4 of Schedule 2 is the modified penalty for an offence if the offence is\ndealt with under section 9.21 of the Act.\n31. Recovery of Penalties\nA penalty, other than a modified penalty, for an offence against this local law, may be recovered by the\nShire from the alleged offender by use of either the Fines Enforcement Registry or through proceedings\nin a Court of Petty Sessions.\nSCHEDULE 1 Form 1\nSHIRE OF KENT\nLOCAL GOVERNMENT ACT 1995\nPARKING FACILITIES LOCAL LAW\nINFRINGEMENT NOTICE UNDER SECTION 9.16\nI NFRINGEMENT N UMBER .......................\nTo the owner\\driver of vehicle registration No. ............... Make .............................................................\nModel ......................................................................... You are hereby notified that it is alleged that on\n...................................................................... 19 ........ at about ............................. you did commit a breach\nof the Shire of Kent Parking Facility Local Law as indicated by a cross or crosses in a box or boxes\nbelow:\nNature of Offence Modified Penalty\n*Standing in a No Standing area $60.00 [Clause 7(1)(a)]\n*Parking in a No Parking area $60.00 [Clause 7(2)(a)]\n*Parking across a right of way or private driveway $60.00 [Clause 11(a)]\n*Parking on or over a footpath $60.00 [Clause 11(c)]\n*Parking on a public reserve $60.00 [Clause 19]\n*Other ......................................................................... $60.00\nIf you do not wish to have a complaint of the above offence heard and determined by a court, you may\npay the modified penalty within 28 days after the day of service of this notice.\nPayment may be made either by posting this form, together with the amount of $ .................... , to the\nShire of Kent, Richmond St NYABING WA 6341, or in person by delivering this form and paying the\nabove amount to the Shire offices between the hours of 8.30am and 4.30pm Monday to Friday.\nUnless within 28 days after service of this notice:\n(a) the modified penalty is paid; or\n(b) you inform the Chief Executive Officer of the Shire of Kent of the identity and address of the\nperson who was driving or the person in charge of the above vehicle at the time of the above\nalleged offence; or\n(c) you apply under section 9.19 of the Local Government Act 1995 for an extension of time; or\n(d) you satisfy the Chief Executive Officer of the Shire of Kent that the above vehicle had been\nstolen or was being unlawfully used at the time of the above alleged offence, you will, in the\nabsence of proof to the contrary, be deemed to have committed the above alleged offence and\ncourt proceedings may be instituted against you.\n....................................................... ................................\nSignature of Authorised Person Date\nSCHEDULE 1 Form 2\nSHIRE OF KENT\nLOCAL GOVERNMENT ACT 1995\nPARKING FACILITIES LOCAL LAW\nTO:\nYou are hereby notified that it is alleged that the driver or person in charge of the vehicle did in\ncontravention of the Shire of Kent’s Parking Facilities local law, commit the offence shown below on\nthe date and time shown.\n\nGOVERNMENT GAZETTE, WA 48472 September 1998]\nInfringement Number ........................................\nDate ..................................................................... Time ......................................................................\nOffence Clause .................................................... Code\nPlate Number .....................................................\nVehicle Make ....................................................... Vehicle Model .......................................................\nIn accordance with section 9.13 of the Local Government Act 1995, you will, in the absence of proof to\nthe contrary, be deemed to have committed the offence detailed hereunder and court proceedings may\nbe instituted against you, unless within twenty-eight (28) days after the date of service of this notice\nyou:\n(a) Finalise the infringement notice through the payment of the amount.\n(b) Inform the Chief Executive Officer of the Shire of Kent IN WRITING as to the identity of the\nperson who was the person or driver in charge of the above vehicle at the time of the alleged\noffence.\n(c) Apply to the Chief Executive Officer of the Shire of Kent for an extension of time under section\n9.19 of the Local Government Act 1995.\n(d) Satisfy the Chief Executive Officer of the Shire of Kent IN WRITING that the above vehicle\nhad been stolen or was being unlawfully used at the time of the alleged offence.\nInfringement details:\nOffence description ...............................................\nPlace, Street ...............................................\nPenalty $ ...............................................\nAmount due $ ...............................................\nDate due ...............................................\n....................................................... ................................\nSignature of Authorised Person Date\nSCHEDULE 1 Form 3\nSHIRE OF KENT\nLOCAL GOVERNMENT ACT 1995\nPARKING FACILITIES LOCAL LAW\nNotice of Withdrawal\nTO:\nDear Sir\\Madam\nNotice of withdrawal of proceedings under section 9.20 of the Act.\nInfringement Number ........................................\nDate ..................................................................... Time ......................................................................\nOffence Clause .................................................... Code\nPlate Number .....................................................\nVehicle Make ....................................................... Vehicle Model .......................................................\nDescription .......................................................... Location ................................................................\nTake notice that I, being authorised to do so, hereby withdraw proceedings in relation to the infringement\nnotice issued for the above offence.\n....................................................... ................................\nSignature of Authorised Person Date\nSCHEDULE 2\nSHIRE OF KENT\nPARKING FACILITIES LOCAL LAW\nMODIFIED PENALTIES\nItem Modified\nNo. Clause Nature of Offence Penalty $\n1 7(1)(a) Standing in a No Standing area 60\n2 7(2)(a) Parking in a No Parking area 60\n3 8 Standing or parking in an occupied space 60\n4 9 Standing or parking on or adjacent to a median strip 60\n5 10(1)(c) Parking outside parking space marked on road 60\n6 11(a) Parking in front of a driveway 60\n7 11(b) Parking on\\in an intersection 60\n8 11(c) Parking on\\over a footpath or disabled persons access to\na footpath or pedestrian refuge 60\n\nGOVERNMENT GAZETTE, WA [2 September 19984848\nItem Modified\nNo. Clause Nature of Offence Penalty $\n9 11(d)-(i) Parking causing a traffic obstruction 60\n10 13 Standing or parking on a verge contrary to signs or without\nconsent 60\n11 14 Failing to move vehicle after direction 60\n12 15(a) Parking a vehicle on a street to repair it 60\n13 15(b) Unauthorised parking for sale exposure 60\n14 17 Standing or parking on private property without consent 60\n15 18 Standing or parking a vehicle in excess of 8m on a\ncarriageway for a period exceeding 24 hours 60\n16 19 Parking on a reserve 60\n17 20 Parking and use of a vehicle for camping on road\\reserve\nnot designated for camping purposes 60\n18 All other offences not classified in which the use, driving,\nstanding or leaving of a vehicle is an element 60\nDated this 2nd day of September 1998.\nThe Common Seal of the Shire of Kent Was herein affixed in the presence of—\nBARBARA J. MORRELL, President.\nIAN B. FITZGERALD, Chief Executive Officer.\n!199800177GG!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument confines itself to prescribing local fence standards and parking controls for specified townsites and the parking region, and to enforcement mechanisms under the Local Government Act and the Dividing Fences Act. It exercises the Council's regulatory, approval and enforcement powers as set out in the local law text and does not, on its face, extend the Council’s jurisdiction beyond the statutory sources it cites."},"complexity_factors":["Multiple interlocking regimes: separate detailed rules for fencing (including schedules) and parking (entire Part structure) increase cross-references (Fencing: cl.1–23, Schedules; Parking: Parts 1–4, cl.1–31, Schedules).","Zoning-specific technical standards: 'sufficient fence' differs by zone and is specified in Schedules (cl.3, First and Second Schedules), requiring factual zoning determinations.","Discretionary approvals and blanket prohibitions: Council may refuse or grant consent 'in its absolute discretion' for second‑hand materials and other departures (cl.6, 11, 15), concentrating decision‑making power and creating variable outcomes.","Maintenance and dangerous‑fence procedures: duties on owners/occupiers to maintain, written notice regime and Council power to enter and recover costs (cl.19, 20, 22) create compliance and cost risk for property holders.","Measurement thresholds and conditional exceptions: multiple height and setback limits with exceptions (cl.8–14) require site‑specific measurement and interpretation.","Material and safety restrictions: bans on certain materials and fittings, and conditional barbed/electric wire rules, impose compliance checks and potential safety assessments (cl.6, 7, 16–18).","Enforcement complexity: offences, court penalties and modified penalty scheme differ across parts; parking uses infringement notices, identification notices and withdrawal forms (Parking cl.25–31, Schedules 1–2).","Procedural forms and timelines: prescribed forms, time limits for payment/identification, and Fines Enforcement options introduce administrative steps for both council and alleged offenders (Parking cl.25–31, Schedules).","Cross‑statute interaction: the fencing rules operate 'for the purpose of the Dividing Fences Act 1961' and parking relies on the Local Government Act 1995 framework, requiring coordination with state legislation (fencing cl.3; parking cl.1–2).","Operational implementation: requirement to appoint authorised persons, mark tyres, and powers to remove vehicles to an 'appointed place' create operational burdens for the Shire (Parking cl.22, 24, definitions)."],"plain_english_summary":"These local laws set standards for fences and regulate parking in the Shire of Kent townsites (Nyabing, Pingrup and the broader parking region). They define what counts as a “sufficient fence” by zone, limit materials and heights, prohibit dangerous fittings, require Council approval for non-standard or boundary-retaining fences, and create maintenance duties.\n\nOwners and occupiers pay for construction, upkeep and any council-ordered repairs or recovered costs; Council and its authorised officers decide approvals, serve notices, enforce rules and impose penalties or modified fines on drivers."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be within its original scope. The Fencing Local Law is limited to the townsites of Nyabing and Pingrup as originally intended, and the Parking Local Law applies specifically to the parking region (townsites) of the Shire. There is no evidence of scope creep beyond the original local government regulatory purposes."},"complexity_factors":["Two distinct local laws bundled together in one gazettal notice (Fencing and Parking), creating potential confusion about which provisions apply to which subject matter","21 defined terms in the Parking Local Law alone, including overlapping concepts like 'road' and 'street' (defined as having the same meaning), and technical terms like 'carriageway' and 'median strip'","Multiple cross-references between clauses (e.g., Local Law 13 referenced in Local Laws 8, 9, and 10 for fence height exceptions)","Zone-based conditional logic: different fence specifications apply depending on whether land is Residential, Industrial/Commercial, or mixed boundary zones (Local Laws 3-5)","Nested exceptions in verge parking (Local Law 13): general prohibition, exception for crossovers, then exception to the exception requiring property owner consent and 24-hour limits","Dual penalty structures: modified penalties ($60) listed in Schedule 2 for specific offences, versus general maximum penalty of $1,000 for all other breaches","Inconsistencies in form numbering: Form 2 and Form 3 are described as being in 'Schedule 1' in the body text, but the actual Schedule 1 only contains Form 1, with Forms 2 and 3 appearing to be part of the same schedule without clear separation","Fragmentary or corrupted text in the original document (e.g., 'PARKING FACILITIES LOCAL LAW' appearing in the middle of the Fencing Local Law header, inconsistent page numbering in the Gazette references)"],"plain_english_summary":"The Shire of Kent made two local laws in 1998: a Fencing Local Law for the Nyabing and Pingrup townsites that sets minimum standards for dividing fences, bans unsafe or second‑hand materials, controls fence height/visibility at intersections, requires approval for significant retaining walls, and lets the council order repairs and recover costs.  \n\nA Parking Facilities Local Law covers parking on council‑owned roads and reserves in the townsites, prescribing where and how vehicles may park, limiting verge and camping use, and empowering officers to enforce rules and issue fines to keep traffic, access and public land safe."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-kent-local-laws-relating-to-fencing","history":"/api/acts/shire-of-kent-local-laws-relating-to-fencing/history","analysis":"/api/acts/shire-of-kent-local-laws-relating-to-fencing/analysis","conflicts":"/api/acts/shire-of-kent-local-laws-relating-to-fencing/conflicts","importantCases":"/api/acts/shire-of-kent-local-laws-relating-to-fencing/important-cases","documents":"/api/acts/shire-of-kent-local-laws-relating-to-fencing/documents"}}