{"id":"wa-local:victoria-park-town-of-fencing-local-law-2021","name":"Fencing Local Law 2021","slug":"victoria-park-town-of-fencing-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442142,"registerId":"wa-local:victoria-park-town-of-fencing-local-law-2021-1775957231676","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fencing Local Law 2021","content":"1285\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 30 MARCH 2021 No. 59 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nTOWN OF VICTORIA PARK\n———————————\nFENCING LOCAL LAW 2021\n\n\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1287\nLOCAL GOVERNMENT ACT 1995\nTOWN OF VICTORIA PARK\nFENCING LOCAL LAW 2021\nCONTENTS\nPART 1—PRELIMINARY\n1 Citation\n2 Commencement\n3 Purpose and effect\n4 Repeal and transitional provisions\n5 Application\n6 Definitions and interpretation\n7 Relationship with other laws\n8 Fees and charges\nPART 2—SUFFICIENT FENCES\n9 Sufficient fences\nPART 3—GENERAL\n10 Fences in front setback areas\n11 Gates\n12 Fences across rights-of-ways, public access ways or thoroughfares\n13 Maintenance of fences\n14 Fences and sightlines\nPART 4—MATERIALS, DESIGN AND CONSTRUCTION\n15 Masonry fences\n16 Fencing designs\n17 Pre-used fencing materials\n18 Prohibited fencing materials\n19 Barbed wire fences and spiked or jagged materials\n20 Electrified and razor wire fences\nPART 5—APPROVALS\n21 Application for approval under this local law\n22 Decision on application for approval\n23 Compliance with approval\n24 Duration of approval\n25 Expiry of approval\n26 Variation or cancellation of approval\nPART 6—NOTICES OF BREACH\n27 Notices of breach\nPART 7—OFFENCES\n28 Offences and penalties\n29 Modified penalties\n30 Form of notices\n\n1288 GOVERNMENT GAZETTE, WA 30 March 2021\nPART 8—OBJECTIONS AND REVIEW\n31 Objections and review\nSCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE ON\nA RESIDENTIAL LOT\nSCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON\nA NON-RESIDENTIAL LOT\nSCHEDULE 3—MODIFIED PENALTIES\nSCHEDULE 4—EXAMPLE DIAGRAMS FOR TRUNCATION REQUIRED\nUNDER CLAUSE 14\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1289\nLOCAL GOVERNMENT ACT 1995\nTOWN OF VICTORIA PARK\nFENCING LOCAL LAW 2021\nUnder the powers conferred by the\nLocal Government Act 1995 and by all other powers the Council of\nthe Town of Victoria Park resolved to make the following local law on the 16 February 2021.\nPART 1—PRELIMINARY\n1. Citation\nThis local law may be cited as the\nTown of Victoria Park Fencing Local Law 2010.\n2. Commencement\nThis local law commences on—\n(a) 1 July 2021; or\n(b) fourteen days following its publication in the\nGovernment Gazette;\nwhichever is the latest.\n3. Purpose and effect\n(1) The purpose of this local law is to prescribe what constitutes a sufficient fence and the standard\nfor the construction of fences throughout the district.\n(2) The effect of this local law is to establish the minimum requirements for fencing within the\ndistrict.\n4. Repeal and transitional provisions\nThe local law cited as the\nTown of Victoria Park Local Laws Relating to Fencing published in the\nGovernment Gazette on 22 September 2000 is repealed.\n5. Application\nThis local law applies throughout the district.\n6. Definitions and interpretation\n(1) In this local law, unless the context requires otherwise—\napplicant means a person who makes an application for approval under this local law;\napproval or approval by the local government means an approval granted under Part 5 of\nthis local law.\nAS/NZS 1170.0:2002 Structural design actions—general principles means the Australian\nStandard for structural design actions—general principles.\nAS/NZS 3016-2002 Electrical installations—Electricity security fences means the\nAustralian Standard for Electrical installations—Electric security fences.\nAustralian Standard means an Australian Standard published by Standards Australia as\namended from time to time;\nauthorised person means a person appointed under section 9.10 of the\nLocal Government\nAct 1995 to perform any of the functions of an authorised person under this local law;\nbarbed wire means a wire or strand of wires having small pieces on sharply pointed wire\ntwisted around it at short intervals and includes other materials with spiked or jagged\nprojections;\nboundary fence means a fence, other than a dividing fence, that separates private land from\nland that is local government property or a thoroughfare whether it is on the common\nboundary of the adjoining private land and local government property or thoroughfare or on a\nline other than the common boundary;\nbuilding permit has the meaning given to it in the\nBuilding Act 2011;\nCEO means the Chief Executive Officer of the local government;\n\n1290 GOVERNMENT GAZETTE, WA 30 March 2021\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence approved by the local government under this\nlocal law or erected and maintained in accordance with this local law;\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;\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause; or\n(e) a fence that has become dangerous through lack of maintenance or repair;\ndistrict means the district of the local government;\ndividing fence has the meaning given to it in the\nDividing Fences Act 1961;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure, including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes any gate;\nfront boundary means the boundary line between a lot and the thoroughfare upon which that\nlot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line\nbetween the lot and the primary thoroughfare;\nfront fence means a fence erected on the front boundary of a lot or a line adjacent to the front\nboundary;\nfront setback area, in relation to a lot, means the area between the building line of the lot and\nthe front boundary of the lot;\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;\nlocal government means the Town of Victoria Park;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an “otherwise unvested facility” under section 3.53 of the\nLocal Government\nAct 1995.\nlocal planning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\nlot has the meaning given to it in the\nPlanning and Development Act 2005;\nnon-residential lot means a lot that is not a residential lot;\nnotice of breach means a notice referred to in clause 25;\nresidential lot means a lot where a residential use—\n(a) is or may be permitted under the local planning scheme; and\n(b) is or will be the predominant use of the lot;\noccupier has the meaning given to it in the\nLocal Government Act 1995;\nowner means—\n(a) for the purposes of the definition of dividing fence, has the meaning in the\nDividing\nFences Act 1961; and\n(b) for all other purposes, has the meaning in the\nLocal Government Act 1995;\npenalty unit has the meaning given to it in the\nTown of Victoria Park Penalty Units Local Law\n2020.\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;\nProfessional engineer has the meaning given to it in the Building Code of Australia as\namended from time to time.\nSchedule means a Schedule to this local law;\nsufficient fence means a fence described as a sufficient fence in clause 9(2) but does not include\na retaining wall;\nthoroughfare has the meaning given to it in the\nLocal Government Act 1995, but does not\ninclude a private thoroughfare which is not under the management or control of the local\ngovernment; and\nvisually permeable has the meaning given to it in State Planning Policy 7.3 Residential Design\nCodes Volume 1 as amended from time to time;\n(2) A term that is used in this local law and is not defined in subclause (1) has the meaning given to it\nin the\nLocal Government Act 1995 or, if not defined in the\nLocal Government Act 1995, the meaning\ngiven to it in the\nDividing Fences Act 1961.\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1291\n7. Relationship with other laws\n(1) In the event of any inconsistency between the provisions of a local planning scheme and the\nprovisions of this local law, the provisions of the local 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 local planning scheme or a local planning policy adopted under\nthe local 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\nBuilding Regulations 2012.\n8. Fees and charges\nAll fees and charges applicable under this local law shall be as determined by the local government\nfrom time to time in accordance with section 6.16 to 6.19 of the\nLocal Government Act 1995.\nPART 2—SUFFICIENT FENCES\n9. Sufficient fences\n(1) A person must not erect a fence that is not a sufficient fence.\n(2) A sufficient fence means—\n(a) a fence constructed and maintained on a residential lot in accordance with the specifications\nand requirements of Schedule 1;\n(b) a fence constructed and maintained on a non-residential lot in accordance with the\nspecifications and requirements of Schedule 2;\n(c) a dividing fence erected on or near the boundary between a residential lot and a non-\nresidential lot constructed and maintained in accordance with the specifications and\nrequirements of Schedule 1;\n(d) a fence lawfully erected prior to this local law commencing; or\n(e) a fence approved by the local government under Part 5 of this local law; or\n(f) a fence approved by the local government under a local planning scheme, other than a fence\nconstructed of masonry exceeding 1200mm in height, which requires separate approval under\nPart 5 of this local law.\nPART 3—GENERAL\n10. Fences in front setback areas\nA person shall not erect a free-standing fence greater than 1,200mm in height, within the front\nsetback area of a residential lot within the district unless approved by the local government—\n(a) under Part 5 of this local law; or\n(b) by the grant of a development approval under a local planning scheme.\n11. Gates\nA person shall not erect a gate in a fence which does not—\n(a) open into the lot; or\n(b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed,\nwithout the approval of the local government.\n12. Fences across rights-of-ways, public access ways or thoroughfares\nA person must not, without the approval of the local government, erect or maintain a fence or\nobstruction of a temporary or permanent nature across any right-of-way, public access way or\nthoroughfare so as to impede or prevent use of those facilities in the manner for which they are\nintended and constructed.\n13. Maintenance of fences\nAn owner of a lot on which a fence is erected shall maintain the fence in good condition and so as to\nprevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality.\n14. Fences and sightlines\n(1) Unless otherwise approved by the local government, a front fence or boundary fence must comply\nwith the following sightline requirements—\n(a) a fence in the front setback area must provide a 1500mm x 1500mm truncation distance\nadjacent to any driveway, measured from the point where the driveway intersects with the\nfront boundary, unless—\n(i) the fence is visually permeable; or\n(ii) the fence is no higher than 750mm within the area referred to in (a).\n(b) where a lot has two or more street frontages the fence is truncated at the corner to provide a\ntruncation equal to 6000mm by 6000mm, unless the lot is adjacent to a street that has been\nclassified as an access road under the Western Australian Road Hierarchy, in which case a\ntruncation equal to 3000mm by 3000mm can be provided;\n\n1292 GOVERNMENT GAZETTE, WA 30 March 2021\n(c) where two right of ways or laneways intersect, a boundary fence must provide a 3,000 mm by\n3,000 mm truncation distance, unless—\n(i) the fence is a visually permeable fence that does not obscure the lines of vision of a\nmotorist using the right of way or laneway; or\n(ii) the fence is no higher than 750mm within the area referred to in (c).\n(2) Schedule 4 contains diagrams setting out examples of the truncation requirements.\nPART 4—MATERIALS, DESIGN AND CONSTRUCTION\n15. Masonry fences\nA fence constructed of masonry (including brick, stone or concrete) is to satisfy the following\nspecifications—\n(a) the height of the fence within the front setback area is not to exceed 1200mm in height\nwithout the written approval of the local government;\n(b) the fence must be constructed in accordance with the Australian Standard for masonry\nconstruction as referenced in the Building Code of Australia at the time of construction; and\n(c) where the fence comprises—\n(i) a solid masonry fence greater than 1200mm in height; or\n(ii) a masonry fence with open infill panels greater than 1800mm in height,\nthe fence is to be certified by a structural engineer as being appropriate for the particular site and\nwind terrain category.\n16. Fencing designs\nWhere required by an authorised person, fencing design is to be certified by a practicing structural\nengineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with\nthe current edition of AS/NZS 1170.0:2002 Structural design actions—general principles.\n17. Pre-used fencing materials\n(1) A person shall not construct a fence on a residential lot or a non-residential lot from pre-used\nmaterials without the approval of the local government.\n(2) Where the local government 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 an authorised person.\n18. Prohibited fencing materials\nIn constructing, repairing or maintaining a fence a person must not use—\n(a) broken glass or any potentially harmful projections or material;\n(b) asbestos fibre;\n(c) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any\ncause; or\n(d) pre-used materials unless approved and painted or treated to the satisfaction of an\nauthorised person in accordance with clause 18.\n19. Barbed wire fences and spiked or jagged materials\n(1) A person shall not erect a fence with barbed wire or other material with spiked or jagged\nprojections on a residential lot.\n(2) An owner or occupier of a non-residential lot shall not erect, affix or allow to remain on any fence\non such a lot any barbed wire or other material with spiked or jagged projections, unless the approval\nof the local government has been obtained.\n(3) Any fence bounding a lot that has barbed wire or other materials with spiked or jagged projections\naffixed to it may only be approved if the wire or other materials are carried on posts at an angle of\n45 degrees, with the bottom row being a minimum of 2,000mm from the ground level.\n(4) If the posts which carry the barbed wire or other materials referred to in subclause (2) 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.\n20. Electrified and razor wire fences\n(1) An owner or occupier of a lot shall not—\n(a) construct or use an electrified or razor wire fence on a residential lot;\n(b) construct or use an electrified fence on a non-residential lot without obtaining the approval of\nthe local government; or\n(c) construct a fence with any razor wire on a non-residential lot without obtaining the approval\nof the local government.\n(2) The local government shall not approve an application for the purpose of subclause (1)(b)—\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 Electrical installations—Electricity\nsecurity fences; and\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1293\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) The local government shall not approve an application for the purpose of subclause (1)(c)—\n(a) if the fence is within 3,000mm of the boundary of the lot; or\n(b) where any razor wire used in the construction of the fence is less than 2,000 millimetres or\nmore than 2,400mm above the ground level.\n(4) An application for approval for the purpose of subclauses (1)(b) or (1)(c) 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.\nPART 5—APPROVALS\n21. Application for approval under this local law\n(1) Where a person is required to obtain the approval of the local government under this local law,\nthat person must apply for approval in accordance with subclause (2).\n(2) An application for approval under this local law must—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant and the owner of the lot;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee determined by the local government under\nsections 6.16 to 6.19 of the\nLocal Government Act 1995.\n(3) An application for approval of a variation to the specifications in Schedules A or B in respect of a\ndividing fence shall be made by—\n(a) both owners of land adjoining the dividing fence; or\n(b) one owner of land adjoining the dividing fence and include written consent of the other owner\nof land adjoining the dividing fence.\n(4) Before determining an application for approval, the local government may require the applicant to\nprovide additional information reasonably related to the application.\n(5) The local government may refuse to consider an application for approval which is not in\naccordance with subclauses (2)-(4).\nNote—\n(1) Development approval for a fence may be required in addition to or in lieu of approval under this local\nlaw, where the fence constitutes development and is not exempt from the requirement for approval under\nclause 61 of the deemed provisions contained in Schedule 2 of the Planning and Development (Local\nPlanning Schemes) Regulations 2015.\n(2) A building permit is not required for a fence in accordance with Schedule 4 of the Building\nRegulations 2012.\n22. Decision on application for approval\n(1) The local government may, in respect of an application for approval—\n(a) grant the application, unconditionally or subject to any conditions it considers appropriate; or\n(b) refuse to grant the application.\n(2) In determining whether to grant its approval under subclause (1), the local government may\nconsider whether the erection or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the locality.\n(3) If the local government grants the application subject to conditions, those conditions may relate to\nmatters including—\n(a) the location, type and construction of a fence;\n(b) the height of a fence;\n(c) in the case of an electric fence, the operating time and duration; and\n(d) any other matter considered relevant by the local government.\n(4) If the local government grants an application for approval, it is to issue to the applicant an\napproval in the form determined by the CEO.\n(5) If the local government refuses to grant an application for approval, it must give written notice of\nthat refusal and reasons for the refusal to the applicant.\n23. Compliance with approval\nWhere an application for approval has been granted, the applicant and the owner or occupier of the\nlot to which the approval relates, must comply with the terms and any conditions of that approval.\n24. Duration of approval\nUnless otherwise stated in the conditions of approval, an approval granted under this local law—\n(a) runs with the lot to which it relates;\n(b) may be relied on by any subsequent occupier or owner of the lot; and\n(c) may be enforced by the local government against a subsequent occupier or owner of the lot.\n\n1294 GOVERNMENT GAZETTE, WA 30 March 2021\n25. Expiry of approval\n(1) Where—\n(a) an approval is granted under clause 22(1); and\n(b) any works the subject of the approval are not completed within two (2) years of the date of\nissuance of the approval,\nthe approval shall lapse.\n(2) Where an approval lapses under subclause (1), the applicant must apply for and obtain a further\napproval prior to any undertaking any further works.\n26. Variation or cancellation of approval\n(1) The local government may, by written notice to owner of the lot to which the approval relates, vary\nthe conditions of an approval after it has been issued.\n(2) The local government may cancel an approval granted under clause 22(1) by written notice to the\nowner of the lot to which the approval relates where—\n(a) the owner or occupier of the lot fails to do anything required or directed to be done under this\nlocal law in relation to the fence the subject of the approval;\n(b) the owner or occupier of the lot fails to comply with a notice of breach issued under clause\n27(1) in relation to the fence the subject of the approval;\n(c) the approval is for a fence with barbed wire or other materials with spiked or jagged\nprojections and the lot to which the approval relates is rezoned under a local planning scheme\nso as to become a residential lot;\n(d) the approval is for an electrified or razor wire fence and the lot to which the approval relates\nis rezoned under a local planning scheme so as to become a residential lot; or\n(e) the approval has been issued to an incorrect lot or otherwise contains a manifest error.\n(3) Where an approval is cancelled pursuant to subclause (1) the approval shall cease to be of any\nforce and effect.\nPART 6—NOTICES OF BREACH\n27. 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, an\nauthorised person may give a notice in writing to the owner 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 of the lot is required to remedy the breach within twenty eight (28) days\nfrom the giving of the notice.\n(3) Should an owner fail to comply with a notice of breach, the local government may by its employees,\nagents or contractors enter upon the lot to which the notice relates and remedy the breach, and may\nrecover the expenses of so doing from the owner or occupier of the lot, as the case may be, in a court of\ncompetent 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\nLocal Government Act 1995 and any entry on to land will be in accordance with Part 3, Division 3\nof that Act.\nPART 7—OFFENCES\n28. Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice of breach; or\n(c) does anything which under this local law that person is prohibited from doing,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable to a maximum penalty of $5,000\nand a maximum daily penalty of $500 in respect of each day or part of a day during which the offence\nhas continued.\n29. 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\nLocal Government Act 1995.\n(2) The amount appearing in the third column of Schedule 3 directly opposite the offence is the\nmodified penalty payable in respect of that offence.\n(3) Where this local law expresses the modified penalty as a number of penalty units, the monetary\nvalue of the modified penalty is the number of dollars obtained by multiplying the value of the\npenalty unit by the number of penalty units.\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1295\n30. Form of notices\nFor the purposes of these Local Laws—\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\nLocal\nGovernment (Functions and General) Regulations 1996;\n(b) the form of the notice referred to in section 9.20 of the\nLocal Government Act 1995 is to be in\nor substantially in the form of Form 3 in Schedule 1 of the\nLocal Government (Functions and\nGeneral) Regulations 1996.\nPART 8—OBJECTIONS AND REVIEW\n31. Objections and review\nWhere the local government makes a decision under Part 5 of this local law, the provisions of Part\n9 Division 1 of the\nLocal Government Act 1995 and Regulation 33 of the\nLocal Government (Functions\nand General) Regulations 1996, apply to that decision.\n————\nSchedule 1\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\nClause 9(3)(a)\nEach of the following is a “sufficient fence” on a residential lot—\n(a) a fence that is not located in the front setback area, constructed of timber, corrugated fibre\nreinforced pressed cement or steel sheeting or other non-permeable materials designed\nspecifically for use as a fence, which satisfies the following specifications—\n(i) the height of the fence to be a minimum 1800mm and a maximum of 2400mm; and\n(ii) construction to be in accordance with Australian Standards and the manufacturer’s\nspecifications or best practice construction technique;\n(b) a front or boundary fence located in the front setback area, constructed of timber or steel\nthat—\n(i) is visually permeable;\n(ii) complies with clause 10; and\n(iii) is constructed in accordance with Australian Standards and the manufacturer’s\nspecifications or best practice construction technique;\n(c) a dividing fence located in the front setback area, constructed of timber, corrugated fibre\nreinforced pressed cement or steel sheeting or other non-permeable materials designed\nspecifically for use as a fence that—\n(i) complies with clause 10; and\n(ii) is constructed in accordance with Australian Standards and the manufacturer’s\nspecifications or best practice construction technique;\n(d) a fence constructed of masonry (including brick, stone or concrete) which meets the\nspecifications of clause 15.\n————\nSchedule 2\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A NON-RESIDENTIAL LOT\nClause 6(2)(b)\nEach of the following is a “sufficient fence” on a non-residential lot—\n(a) a fence that meets the specifications in Schedule A;\n(b) a galvanised steel frame and galvanised link or chain mesh fence with poly vinyl chloride coat\nor galvanised wire—\n(i) at a minimum height of 1800mm and a maximum height of 2400mm; and\n(ii) constructed in accordance with Australian Standards and the manufacturer’s\nspecifications.\n————\n\n1296 GOVERNMENT GAZETTE, WA 30 March 2021\nSchedule 3\nMODIFIED PENALTIES\nClause 30(2)\nItem Clause Nature of Offence Penalty\nunits\n1 9(1) Erecting a fence that is not a sufficient fence 25\n2 10 Erecting a fence exceeding 1200mm in height in a front setback\narea without the approval of the local government 25\n3 11 Erecting a gate in a fence contrary to clause 12 without the\napproval of the local government 25\n4 12 Erecting a fence across a right of way, public access way or\nthoroughfare without the approval of the local government 25\n5 13 Failing to maintain a fence in good condition 25\n6 14 Erecting a fence contrary to sightline requirements without the\napproval of the local government 25\n7 15 Constructing a masonry fence contrary to clause 15 25\n8 16 Failing to certify fencing design where required by an authorised\nperson 25\n9 17 Constructing a fence with pre-used fencing materials without the\napproval of the local government. 25\n10 18 Constructing, repairing or maintaining a fence with prohibited\nfencing materials 50\n11 19(1) Erecting a barbed wire fence on a residential lot 50\n12 19(2) Erecting a barbed wire fence on a non-residential lot without the\napproval of a local government 50\n13 20(1)(a) Erecting or maintaining an electrified or razor wire fence on a\nresidential lot 50\n14 20(1)(b)\nand\n20(1)(c)\nErecting or maintaining an electrified fence or razor wire fence\nwithout the approval of local government on a non-residential lot.\n50\n15 23 Failing to comply with the conditions of an approval 50\n16 26(1)(b) Failing to comply with a notice of breach 50\n————\nSchedule 4\nEXAMPLE DIAGRAMS FOR TRUNCATION REQUIRED UNDER CLAUSE 14\nClause 14(2)\nFor the purpose of this schedule and clause 14—\n(1) The first diagram relates to the driveway truncation required under clause 14(a);\n(2) The second diagram relates to the corner truncation required where two rights of ways meet\nunder clause 14(c);\n(3) The third diagram relates to the corner truncation required where two access roads meet\nunder clause 14(b);\n(4) The fourth diagram relates to the corner truncation required where a distributor road or\ngreater meets an access road under clause 14(b).\n\n30 March 2021 GOVERNMENT GAZETTE, WA 1297\nFirst diagram—\nSecond diagram—\nThird diagram\n\n1298 GOVERNMENT GAZETTE, WA 30 March 2021\nFourth diagram\n————\nUnder the powers conferred by the\nLocal Government Act 1995 and by all other powers, the Council of\nthe Town of Victoria Park resolved to make the following local law on the 16 February 2021.\nThe Common Seal of the Town of Victoria Park was affixed by the authority of a resolution of the\nCouncil in the presence of —\nKAREN VERNON, Mayor.\nANTHONY VULETA, Chief Executive Officer.\nOn the 5th day of March, 2021.\n————\nRevision History—\nVersion\nMade,\nAmended,\nRevoked\nDate\nCouncil\nResolution\nNumber\nEffective Key Changes/Notes\n1 Made 05/01/2021 16/02/2021 Compliance with the Building\nAct and Australian Standards,\nrevised fencing specifications,\nbarbed wire fencing\nrequirements, new offenses\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This local law repeals the Town's 2000 fencing law and replaces it with updated, more prescriptive rules: defined 'sufficient fence' standards, explicit limits on masonry heights in front setbacks, new controls and conditional approvals for barbed/razor/electrified fences, mandatory engineer certification or Australian Standards compliance for certain fences, and a revised enforcement and modified penalties regime (cl.4; cl.3; cl.15–20; Part 5; Schedule 3)."},"complexity_factors":["Numerous cross-references to external statutes and standards (Local Government Act 1995, Dividing Fences Act 1961, Building Act 2011, AS/NZS standards) increasing interpretive dependencies (cl.6, cl.7, cl.15, cl.16).","Multiple detailed technical requirements and thresholds (height limits, truncation/sightline dimensions, material prohibitions) spread across Schedules and clauses (cl.10, cl.14, Schedule 1–2).","Discretionary approval regime with conditions, variation and cancellation powers vested in the local government (Part 5: cl.21–26) creating administrative uncertainty for applicants.","Specific safety-related exceptions and conditional approvals for hazardous materials (barbed wire, electrified and razor wire) with prescriptive siting and operational constraints (cl.19–20).","Enforcement framework combining notices, power of entry to remedy defaults, recovery of costs, and a detailed modified penalty schedule (cl.27–29; Schedule 3).","Certification requirements by professional engineers for certain masonry or wind-sensitive designs (cl.15–16) adding compliance cost and technical evidence burdens."],"plain_english_summary":"This local law defines what counts as a “sufficient fence” in the Town of Victoria Park and sets minimum construction, material, sightline and maintenance standards. Owners and occupiers must build and maintain fences to the Schedules and obtain local‑government approval for exceptions; fees apply (cl.9; cl.21–22; cl.8).\n\nIt restricts barbed, razor and electrified wire, requires engineer certification or compliance with Australian Standards for some fences, and enforces breaches by written notices, remedial entry and monetary penalties (cl.15–20; cl.27–29)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in clause 3: prescribing sufficient fences and establishing minimum construction standards. While it repeals a 2000 version and updates technical standards (compliance with current Building Act, revised Australian Standards, new barbed wire provisions), it remains focused on fencing regulation without significant scope creep into unrelated areas."},"complexity_factors":["21 defined terms in clause 6, including nested definitions (e.g., 'dangerous' has 5 sub-categories)","Multiple cross-references to external legislation: Local Government Act 1995, Dividing Fences Act 1961, Building Act 2011, Planning and Development Act 2005, and various Australian Standards (AS/NZS 1170.0:2002, AS/NZS 3016-2002)","Conditional logic with exceptions: Clause 9(2) has 6 alternative pathways to establish a 'sufficient fence'; Clause 14 has nested exceptions (e.g., 'unless (i)... or (ii)...')","Dual application tracks: Different rules for residential vs non-residential lots throughout (Schedules 1 and 2), plus special rules for dividing fences between the two types","Approval requirements scattered across multiple clauses (10, 12, 15, 17, 19, 20) with varying conditions","Technical specifications incorporated by reference (Australian Standards, Building Code of Australia, State Planning Policy 7.3) requiring external knowledge to fully comply","Hierarchy of laws clause (clause 7) creating potential conflicts with local planning schemes that must be resolved in favour of planning schemes"],"plain_english_summary":"This Town of Victoria Park local law sets minimum standards and approval rules for private fences—defining acceptable heights and materials, limiting front fences, requiring sightline-safe truncations at driveways/corners, banning dangerous materials (like glass/asbestos) and restricting barbed/electric wire, and requiring owners to maintain fences. \n\nIt affects all property owners/occupiers and those repairing or disputing dividing fences. Breaches can attract fines (up to $5,000, $500 daily) and higher on-the-spot penalties for serious violations."}},"importantCases":[],"_links":{"self":"/api/acts/victoria-park-town-of-fencing-local-law-2021","history":"/api/acts/victoria-park-town-of-fencing-local-law-2021/history","analysis":"/api/acts/victoria-park-town-of-fencing-local-law-2021/analysis","conflicts":"/api/acts/victoria-park-town-of-fencing-local-law-2021/conflicts","importantCases":"/api/acts/victoria-park-town-of-fencing-local-law-2021/important-cases","documents":"/api/acts/victoria-park-town-of-fencing-local-law-2021/documents"}}