{"id":"wa-local:west-arthur-shire-of-fencing-local-law-2021","name":"Fencing Local Law 2021","slug":"west-arthur-shire-of-fencing-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442257,"registerId":"wa-local:west-arthur-shire-of-fencing-local-law-2021-1775957297791","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fencing Local Law 2021","content":"5157\nISSN 2204-4264 (online)\nPERTH, MONDAY, 22 NOVEMBER 2021 No. 196 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nSHIRE OF WEST ARTHUR\n_________\nDOG ACT 1976\nDOG AMENDMENT LOCAL\nLAW 2021\n———————————\nLOCAL GOVERNMENT ACT 1995\nFENCING LOCAL LAW 2021\n\n\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5159\nDOG ACT 1976\nSHIRE OF WEST ARTHUR\nDOGS AMENDMENT LOCAL LAW 2021\nUnder the powers conferred by the\nDog Act 1976 and under all other powers enabling it, the Council of\nthe Shire of West Arthur resolved on 28 September 2021 to adopt the following local law.\n1. Citation\nThis local law may be cited as the\nShire of West Arthur Dogs Amendment Local Law 2021.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the\nGovernment Gazette.\n3. Principal local law\n(a) In this local law, the\nShire of West Arthur Dogs Local Law published in the\nGovernment\nGazette on 19 April 2000 is referred to as the principal local law.\n(b) The principal local law is amended as follows.\n4. Table of Contents amended\nDelete reference to clauses 2.2 and 2.4; and insert in order—\n2.2 Attendance of authorized person at pound\n2.4 Unauthorized release\n3.3 Keeping of additional dogs not to cause a nuisance\n7.1A General penalty\n5. Clause 1.3 amended\nClause 1.3 is amended—\n(a) Delete the definitions of—\npound keeper;\nRegulations; and\ntown planning scheme; and\n(b) insert in alphabetical order—\n“dangerous dog” has the meaning given to it by section 3(1) of the Act;\n“district” means the district of the Shire of West Arthur;\n“local planning scheme” means a planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict;\n“nuisance” means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person’s ownership or\noccupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\n“owner”, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act;\n“person liable for control of the dog” has the same meaning as in section 3(1) of the Act;\n“pound” has the meaning of dog management facility as given in section 3(1) of the Act, and\nincludes a kennel establishment;\n“public place” has the meaning given to it by section 3(1) of the Act;\n“Regulations” means the\nDog Regulations 2013;\n6. Clause 2.2 amended\nDelete clause 2.2 and insert—\n2.2 Attendance of authorized person at pound\nAn authorized person is to be in attendance at the pound for the release of dogs at the times and\non the days of the week as are determined by the CEO.\n7. Clause 2.3 amended\nDelete clause 2.3 and insert—\n2.3 Release of impounded dog\n(1) A claim for the release of a dog seized and impounded is to be made to an authorized person or\nin the absence of an authorized person, to the CEO.\n\n5160 GOVERNMENT GAZETTE, WA 22 November 2021\n(2) An authorized person is not to release a dog seized and impounded to any person unless that\nperson has produced, to the satisfaction of an authorized person, satisfactory evidence—\n(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or\n(b) that he or she is the person identified as the owner on a microchip implanted in the dog.\n8. Clause 2.4 amended\nDelete clause 2.4 and insert—\n2.4 Unauthorized release\nUnauthorized release of dogs is dealt with by section 43 of the Act.\n9. Clause 3.1 amended\n(1) Delete subclause 3.1(1)(c) and insert—\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(2) After subclause (2)—\n(a) delete the words “Penalty: Where the dog kept is a dangerous dog $2,000, otherwise $1,000.”\n(b) insert—\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in\nthe Act and the Regulations.\n10. Clause 3.3 inserted\nAfter clause 3.2 insert—\n3.3 Keeping of additional dogs not to cause a nuisance\n(1) The local government may cancel licence or exemption referred to in clause 3.2(1) to keep\nadditional dogs—\n(a) on the request of the licensee;\n(b) where a dog or dogs are creating a nuisance;\n(c) following a breach of the Act, the Regulations or this local law; or\n(d) if the licensee is not a fit and proper person.\n(2) The date a licence is cancelled is to be, in the case of—\n(a) subclause (1(a), the date requested by the licensee; or\n(b) subclause (1)(b), (c) or (d), the date determined in written notice of cancellation of approval.\n11. Clause 4.1 amended\nIn clause 4.1 insert in alphabetical order–\n“kennel establishment” means any premises where more than the number of dogs under clause 3.2\nover the age of 3 months are kept, boarded, trained or bred temporarily, usually for profit and\nwhere the occupier of the premises is not the ordinary keeper of the dogs;\n12. Clause 4.4 amended\nIn subclause 4.4(3), delete the word ““town” and replace with the word “local”.\n13. Clause 4.7 amended\nIn subclause 4.7(a), delete the word ““town” and replace with the word “local”.\n14. Clause 4.9 amended\nIn clause 4.9 delete the words “Penalty: Where a dog involved in the contravention is a dangerous dog,\n$2,000 and a daily penalty of $200; otherwise $1,000 and a daily penalty of $100.”\n15. Clause 5.1 amended\nDelete clause 5.1 and insert—\n5.1 Places where dogs are prohibited absolutely\n(1) Designation of places where dogs are prohibited absolutely is dealt with in the Act.\n(2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of the\ndog at that time commits an offence.\n(3) Subclause (2) does not apply to a dog who is being used as an assistance animal as defined in\nthe\nDisability Discrimination Act 1992 (Commonwealth).\n16. Clause 5.2 amended\nDelete clause 5.2 and insert—\n5.2 Places which are dog exercise areas\nDesignation of places which are dog exercise areas is dealt with in the Act.\n17. Clause 6.1 amended\nIn clause 6.1 delete the words “Penalty: $200.”\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5161\n18. Clause 7.1A inserted\nAfter clause 7.1 insert—\n7.1A General penalty\n(1) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000.\n(2) If the offence is of a continuing nature, to an additional penalty or part of the day during which\nthe offence has continued not exceeding—\n(a) if the dog is a dangerous dog and daily penalty of not more than $500 but not less than\n$200; or\n(b) otherwise, a daily penalty of $100.\n19. Clause 7.3 amended\nIn clause 7.3 delete the words “Form 7” and insert the words “Form 8”.\n20. Clause 7.6 amended\nIn clause 7.6 delete the words “Form 8” and insert the words “Form 9”.\n21. Schedule 3 amended\nIn Schedule 3 delete the table and insert –\nItem Offence Nature of offence Modified\npenalty\n$\nDangerous\nDog Modified\nPenalty\n$\n1 3.1 Failing to provide means for effectively confining\na dog 100 500\n2 4.9 Failing to comply with the conditions of a licence 200 500\n3 6.1(2) Dog excreting in prohibited place 100\nDated 21 October 2021\nThe Common Seal of the Shire of West Arthur was affixed by authority of a resolution of Council in the\npresence of—\nN. MORRELL, President.\nI. FITZGERALD, Acting Chief Executive Officer.\n———————————\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF WEST ARTHUR\nFENCING LOCAL LAW 2021\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Repeal\n1.4 Application\n1.5 Terms used\n1.6 Requirements of planning legislation and local planning scheme\n1.7 Requirements of\nBuilding Act 2011\n1.8 Transitional provision\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences—requirement\n2.2 Sufficient fences—generally\n2.3 Sufficient fences—between lots having different requirements\n2.4 General discretion of the local government\nPART 3—FENCING GENERALLY\n3.1 Fences within front setback areas\n3.2 Fences on secondary frontages\n\n5162 GOVERNMENT GAZETTE, WA 22 November 2021\n3.3 Sightlines at vehicle access point\n3.4 Obstruction of watercourse\n3.5 Gates or doors in fences\n3.6 Retaining walls\n3.7 Masonry fences and walls\n3.8 Alteration of ground levels\n3.9 Maintenance of fences\n3.10 Fences across rights-of-way, public access ways or thoroughfares\nPART 4—FENCING MATERIALS\n4.1 Prohibited materials\n4.2 Pre-used fencing materials\nPART 5—RESTRICTED FENCING\n5.1 Barbed wire fencing\n5.2 Electrified fencing\n5.3 Razor wire fencing\nPART 6—PERMITS\n6.1 Application for a permit\n6.2 Determination of an application\n6.3 Compliance with permit issued\n6.4 Revocation of a permit\n6.5 Duration of a permit\n6.6 False or misleading statement\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nPART 8—ENFORCEMENT\n8.1 Notices of breach\n8.2 Offences and penalties\n8.3 Prescribed offenses\n8.4 Form of notices\nSchedule 1—Sufficient fence for residential lots\nSchedule 2—Sufficient fence for commercial or industrial lots\nSchedule 3—Sufficient fence for rural lots\nSchedule 4—Prescribed offences\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF WEST ARTHUR\nFENCING LOCAL LAW 2021\nUnder the powers conferred by the\nLocal Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of West Arthur resolved on 19 October 2021 to make the following local law\n.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nShire of West Arthur Fencing Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the\nGovernment Gazette.\n1.3 Repeal\nThe\nMunicipality of the Shire of West Arthur Fencing By-Law as published in the\nGovernment Gazette\non 8 February 1991, is repealed.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Terms used\nIn this local law unless the context otherwise requires—\nadversely affect land has the meaning given to it in section 3 of the\nBuilding Act 2011;\napplicant means a person who makes an application for a permit under this local law;\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5163\nAS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards\nAustralia, and available for viewing free of charge at the Shire of West Arthur Administration\nCentre;\nauthorised person means a person authorised by the local government to perform any of the\nfunctions under this local law;\nbarbed wire means a wire or strand of wires having small pieces of sharply pointed wire twisted\naround it at short intervals;\nCEO means the Chief Executive Officer of the local government;\ncommercial lot means a lot where a commercial use—\n(a) is or may be permitted under a local planning scheme; and\n(b) is or will be the predominant use of the lot;\ndangerous in relation to any fence means—\n(a) an electrified fence that does not comply with clause 5.2 of this local law;\n(b) a fence containing barbed wire other than a fence constructed and maintained in\naccordance with this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any\nother potentially harmful projection or material; or\n(d) a fence that is likely to collapse or fall, or part of which is likely to collapse or fall, from any\ncause;\ndistrict means the district of the local government;\ndividing fence has the meaning given in section 5 of the\nDividing Fences Act 1961;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure used or functioning as a barrier, other than a retaining wall,\nirrespective of where it is located and includes a gate or door that separates the road reserve and a\nlot adjacent to the road reserve;\nfront boundary means the boundary that separates a thoroughfare and the front of a lot;\nfront fence means a fence in the front setback area of a lot;\nfront setback area means the area between the building line of a lot and the front boundary of\nthat lot; measured at a right angle to the front boundary;\nheight in relation to a fence means the vertical distance between the top of the fence at any point\nand—\n(a) the ground level; or\n(b) where the ground levels on each side of the fence are not the same, the higher ground level,\nimmediately below that point;\nindustrial lot means a lot where an industrial use—\n(a) is or may be permitted under a local planning scheme; and\n(b) is or will be the predominant use of the lot;\nland includes a house, building, work or structure in or on the land;\nlocal government means the Shire of West Arthur;\nlocal planning scheme means a local planning scheme and includes any structure plan adopted\nor approved by the local government made under the\nPlanning and Development Act 2005;\nlot means a defined portion of land depicted on a plan or diagram available from, or deposited with,\nthe Western Australian Land Information Authority and for which a separate Crown grant or\ncertificate of title has been or can be issued and includes a strata lot;\nmasonry includes stone, concrete, brick or other solid material;\nnatural ground level, in relation to a development, means—\n(a) the level approved, for the purposes of the development, by the local government, under a\nlocal planning scheme; or\n(b) in any other case, the level that existed immediately before the commencement of the\ndevelopment (including any site works);\nnotice of breach means a notice referred to in clause 8.1;\noccupier has the meaning given to it in section 1.4 of the\nLocal Government Act 1995;\nowner has the meaning given to it in section 1.4 of the\nLocal Government Act 1995;\npermit means a permit issued under Part 6;\nrazor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close\nintervals;\nrepair has the meaning given to it in section 5 of the\nDividing Fences Act 1961;\nresidential lot means a lot where a residential use—\n(a) is or may be permitted under a local planning scheme; and\n(b) is or will be the predominant use or the lot;\nretaining wall means any structure that prevents the movement of soil in order to allow ground\nlevels of different elevations to exist adjacent to one another;\n\n5164 GOVERNMENT GAZETTE, WA 22 November 2021\nrural lot means a lot where a rural or rural residential use—\n(a) is or may be permitted under a local planning scheme; and\n(b) is or will be the predominant use of the lot;\nSchedule means a Schedule to this local law;\nsecondary frontage in the case of a lot that has a frontage and access to more than one\nthoroughfare, means the longer or the longest of the boundaries that separates the lot from the\nthoroughfare;\nset fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of\nthe\nLocal Government Act 1995;\nsufficient fence means a fence described in clause 2.2 or 2.3;\nthoroughfare has the meaning given to it in section 1.4 of the\nLocal Government Act 1995, but\ndoes not include a private thoroughfare that is not under the management or control of the local\ngovernment; and\nvisually permeable in reference to a wall, gate, door, screen or fence that the vertical surface\nwhen viewed directly from the street or other public space has—\n(a) continuous vertical or horizontal gaps of 50mm or greater width occupying not less than\none third of the total surface area;\n(b) continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half\nof the total surface area in aggregate; or\n(c) a surface offering equal or lesser obstruction to view; and\nwatercourse means a river, stream or creek in which water flows in a natural channel, whether\npermanently or intermittently.\n1.6 Requirements of planning legislation and local planning scheme\nNothing within this local law affects any provision of—\n(a) the\nPlanning and Development Act 2005, or any regulations or orders made under that Act; or\n(b) a local planning scheme.\n1.7 Requirements of\nBuilding Act 2011\nNothing in this local law affects a provision in any written law in respect of a building permit for a\nfence.\n1.8 Transitional provision\nA dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes\na sufficient fence.\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences—requirement\nA person shall not construct or alter a dividing fence that does not satisfy the requirements of a\nsufficient fence.\n2.2 Sufficient fences—generally\nSubject to clauses 2.3 and 2.4, a sufficient fence—\n(a) on a residential lot is a dividing fence constructed and maintained in accordance with Schedule\n1;\n(b) on a commercial lot or an industrial lot is a dividing fence constructed and maintained in\naccordance with Schedule 2; and\n(c) on a rural lot is a dividing fence constructed and maintained in accordance with Schedule 3.\n2.3 Sufficient fences—between lots having different requirements\nSubject to clause 2.4, where a fence is constructed on or near the boundary between—\n(a) a residential lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed\nand maintained in accordance with Schedule 1; and\n(b) a commercial lot or industrial lot and a rural lot, a sufficient fence is a fence constructed in\naccordance with Schedule 3.\n2.4 General discretion of the local government\n(1) Notwithstanding the provisions of clauses 2.1, 2.2 or 2.3, and subject to Part 6, an authorised person\nmay issue a permit for the construction or repair of a dividing fence that is not a sufficient fence where\nall of the owners of the lots adjoining the fence give written consent for a permit for that purpose.\n(2) An agreement in respect of a dangerous fence is taken not to be an agreement between owners of\nadjoining properties for the purposes of subclause (1).\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5165\nPART 3—FENCING GENERALLY\n3.1 Fences within front setback areas\nA person shall not construct a fence more than 1200mm in height, within the front setback area of a\nresidential lot without a permit.\n3.2 Fences on secondary frontages\nSubject to clauses 3.1 and 3.3 a person shall not construct or maintain a fence on any secondary frontage\nof a residential lot unless the fence is a sufficient fence.\n3.3 Sightlines at vehicle access point\n(1) Fences are to be truncated or reduced to a height not more than 750mm, within 1500mm where\nwalls, fences and other structures adjoin vehicle access points where a driveway meets a thoroughfare\nand where two thoroughfares intersect.\n(2) The provision of subclause (1) shall not apply to a visually permeable fence that does not obscure\nthe lines of vision of a motorist using the driveway for access to a thoroughfare.\n3.4 Obstruction of watercourse\nNo person shall construct a fence of impervious material in any place, position or location where it will,\nor is likely to, act as a barrier to or restrict the flow of a watercourse.\n3.5 Gates or doors in fences\nA person shall not construct a gate or door in a fence that—\n(a) encroaches into or over any other land; or\n(b) opens by sliding parallel to the fence on the outside of the fence.\n3.6 Retaining walls\nA person shall not construct a retaining wall exceeding 500mm in height unless a building permit has\nbeen granted under section 20 of the\nBuilding Act 2011.\n3.7 Masonry fences and walls\nA person shall not construct or a wall or fence exceeding 750mm in height constructed or partially\nconstructed of masonry unless a building permit has been granted under section 20 of the\nBuilding Act\n2011.\n3.8 Alteration of ground levels\n(1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a\nlot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without\na permit.\n(2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm\ndifference in the ground levels on each side of the fence.\n(3) Where land has been filled or retained to a height of more than 500mm above natural ground level\nat or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a\nsufficient fence on the said filled land or retaining wall if the person produces to an authorised person\nthe written consent of the owners of the adjoining lot.\n3.9 Maintenance of fences\n(1) An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good\ncondition so as to prevent it from becoming damaged, dangerous, dilapidated or unsightly.\n(2) Where in the opinion of an authorised person, a fence is in a state of disrepair or is dangerous or is\notherwise in breach of a provision of this local law, an authorised person may give a notice of breach\nunder clause 8.1 to the owner or occupier of the lot on which the fence is constructed.\n3.10 Fences across rights-of-way, public access ways or thoroughfares\nA person shall not construct, place or maintain a fence or obstruction across any right-of-way, public\naccess way or thoroughfare without the approval of the local government in accordance with regulation\n9 of the\nLocal Government (Uniform Local Provisions) Regulations 1996.\nPART 4—FENCING MATERIALS\n4.1 Prohibited materials\nA person shall not construct, maintain or allow to remain a fence that is comprised, in whole or in part\nof spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous\nmaterial except to the extent provided for in Part 5.\n4.2 Pre-used fencing materials\n(1) A person shall not construct or maintain a dividing fence from pre-used materials without a permit.\n(2) Where a permit is issued for the use of pre-used materials, the materials shall be structurally fit for\nthe purpose, and comply with any conditions imposed by an authorised person.\n(3) Conditions for use of pre-used fencing materials may include but are not limited to—\n(a) painting;\n(b) treatment;\n\n5166 GOVERNMENT GAZETTE, WA 22 November 2021\n(c) specific use or placement; and\n(d) upgrading.\nPART 5—RESTRICTED FENCING\n5.1 Barbed wire fencing\n(1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any\nfence bounding that lot.\n(2) An owner or occupier of a rural lot shall not place or affix barbed wire upon a fence on that lot where\nthe fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the side\nof the fence posts furthest from the thoroughfare or other public place.\n(3) An owner or occupier of a commercial lot or industrial lot shall not construct or affix to any fence\nbounding that lot any barbed wire unless—\n(a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and\n(b) the bottom row of wire or other materials is not less than 2000m above the ground level.\n(4) If the posts that carry the barbed wire or other materials referred to in subclause (3) are angled\ntowards the outside of the lot bounded by the fence, the face of the fence shall be set back from the lot\nboundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not\nencroach onto or over adjoining land.\n5.2 Electrified fencing\n(1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first\nobtaining a permit.\n(2) Notwithstanding subclause (1), a permit is not required for an electrified fence that is—\n(a) constructed on a rural lot;\n(b) for the purpose of animal control;\n(c) installed in accordance with the manufacturer’s specifications; and\n(d) not the dividing fence with a residential lot.\n(3) An electrified fence for the purpose of security shall not be present on a lot unless it complies with\nAS/NZS 3016:2002 Electrical Installations—Electric Security Fences, as amended from time to time,\nand that is available for viewing free of charge at the Shire of West Arthur Administration Centre.\n(4) A permit to have and use an electrified fence for the purpose of security shall not be issued—\n(a) in respect of a lot that is a residential lot or that portion of a fence adjoining a residential lot;\nand\n(b) 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 constructed.\n5.3 Razor wire fencing\n(1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot\nwithout first obtaining a permit under subclause (2).\n(2) A permit to have a fence constructed wholly or partly of razor wire shall not be issued—\n(a) in respect of a lot that is a residential lot or that portion of a fence adjoining a residential lot;\n(b) if the fence is within 3000mm of the boundary of the lot; or\n(c) where any razor wire used in the construction of the fence is less than 2000mm or more than\n2400mm above the ground level.\nPART 6—PERMITS\n6.1 Application for a permit\n(1) An owner of a lot may apply to the local government for a permit under this Part.\n(2) An application for a permit under this local law shall—\n(a) provide all necessary documentation and information required for a decision;\n(b) provide two copies of a plan and specifications of the proposed;\n(c) engineering certification of structural or electrical engineering specifications, if required;\n(d) be signed by the owner of the lot;\n(e) be forwarded to the CEO together with any set fee; and\n(f) be in the form determined by the local government from time to time.\n(3) An authorised person may require an applicant to provide additional information reasonably related\nto an application before determining an application for a permit.\n6.2 Determination of an application\n(1) An authorised person may refuse to consider an application that does not comply with clauses 6.1.\n(2) An authorised person may–\n(a) approve an application;\n(b) approve an application subject to conditions as the authorised person sees fit; or\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5167\n(c) refuse an application.\n(3) In determining whether to issue a permit, an authorised person may consider, in addition to any\nother matter authorised to consider, whether the construction or retention of the fence would have an\nadversely affect land or impact 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 streetscape or neighbouring properties.\n(4) An authorised person may by written notice amend a condition imposed under subclause (2)(b).\n(5) An amendment under subclause (4) is effective from the date specified in the notice.\n(6) If an authorised person approves an application, a written permit and any conditions applied is to\nbe given to the applicant.\n(7) If an authorised person refuses to approve an application, written notice of that refusal and the\nreasons for the decision is to be given to the applicant.\n6.3 Compliance with permit issued\nWhere a permit is issued under clause 6.2, the applicant and the owner or occupier of the lot to which\nthe permit relates, shall comply with the terms and any conditions of that permit.\n6.4 Revocation of a permit\nAn authorised person may revoke a permit if—\n(a) the owner or occupier requests an authorised person to do so;\n(b) the fence to which the permit relates has been demolished and is not rebuilt for a period of 6\nmonths;\n(c) the circumstances have changed in such a way that a permit for the fence could no longer be\ngranted under the local law;\n(d) the owner or occupier fails to comply with a condition of the permit or breaches a provision of\nthis local law in respect of the fence; or\n(e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1.\n6.5 Duration of a permit\n(1) Unless otherwise stated in the permit, a permit granted under this local law transfers with the lot\nto which it relates and is deemed to transfer to each successive owner or occupier of that lot.\n(2) Where a permit is transferred under subclause (1), the successive owner or occupier may apply to\nan authorised person for written confirmation of this transfer.\n(3) For the avoidance of doubt, a permit granted under this local law may be relied upon by any\nsubsequent owner or occupier of the lot, and may be enforced against them by the local government.\n6.6 False or misleading statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or request under this local law.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nDivision 1 of Part 9 of the\nLocal Government Act 1995 applies to a decision under this local law to—\n(a) refuse an application for a permit;\n(b) impose or vary a condition of a permit; or\n(c) revoke a permit.\nPART 8—ENFORCEMENT\n8.1 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 of breach in writing to the owner or occupier of that lot.\n(2) A notice of breach shall—\n(a) specify the provision of this local law that has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner or occupier is required to remedy the breach within the time specified in\nthe notice.\n(3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy\nthe breach within the time specified in the notice.\n(4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the\nlot to which the notice relates and remedy the breach, and may recover the expenses of doing so from\nthe owner or occupier of the lot, as the case may be, in a court of competent jurisdiction.\n(5) 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.\n\n5168 GOVERNMENT GAZETTE, WA 22 November 2021\n(6) This local law is subject to sections 3.25 and 3.27 and Schedules 3.1 and 3.2 of the\nLocal Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\n8.2 Offences and penalties\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything that under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n8.3 Prescribed offenses\n(1) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 4.\n8.4 Form of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in section 9.17 of the\nLocal Government Act 1995\nis to be in the form of Form 2 in Schedule 1 of the\nLocal Government (Functions and General)\nRegulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the\nLocal\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the\nLocal Government\n(Functions and General) Regulations 1996.\n————\nSchedule 1—Sufficient fence for residential lots\n[Clause 2.2(a)]\n1. On a residential or special residential lot, a sufficient fence is a dividing fence that—\n(a) is constructed of—\n(i) corrugated fibre-reinforced pressed cement sheeting;\n(ii) timber pickets or post and rail;\n(iii) brick, stone or concrete;\n(iv) factory coloured sheet metal post and panelled fence;\n(v) metal post and rail; or\n(vi) any combination of the materials described in paragraphs (i)-(v); and\n(b) in the case of a front fence—\n(i) is not more than 1200mm in height; or\n(ii) is between 1200mm and 1800mm in height; and is visually permeable fence above 1200mm;\nand\n(iii) if the fence is a side boundary fence that uniformly slopes down from not more than\n1800mm to no more than 1200mm in height over a maximum distance of 1500mm from the\nstart of the front set back area from the building to the front of the lot;\n(c) in the case of any other dividing fence, the fence is between 1750mm and 1850mm in height,\nand to which an extension of lattice or other permeable material as agreed between the owner\nor occupiers of adjoining properties parties may be added so that the total height of the fence\nis a maximum of 2100mm.\n2. The fence shall not adversely affect land or impact 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 streetscape or neighbouring properties.\n————\nSchedule 2—Sufficient fence for commercial or industrial lots\n[Clause 2.2(b)]\n1. On a commercial or industrial lot, a sufficient fence is a dividing fence that—\n(a) is constructed of—\n(i) galvanised or PVC coated link mesh, that is no higher than 2000mm unless it is topped\nwith up to 3 strands of plain or barbed wire;\n(ii) fibre reinforced cement sheets;\n(iii) painted or galvanized steel or aluminium sheeting;\n(iv) factory coloured sheet metal post and panelled fence;\n(v) timber, brick, stone or concrete; or\n(vi) any combination of the materials described in paragraphs (i)-(v); and\n(b) in the case of a front fence—\n\n22 November 2021 GOVERNMENT GAZETTE, WA 5169\n(i) is not more than 1200mm in height; or\n(ii) is more than 1200mm but not higher than 2000mm unless topped with up to 3 strands of\nplain or barbed wire to not more than 2400mm in height; and is visually permeable above\n1200mm; and\n(iii) if the fence is a side boundary fence that uniformly slopes down from no more than 2000mm\nto no more than 1200mm in height over a maximum distance of 1500mm from the start of\nthe front set back area from the building to the front of the lot; and\n(c) in the case of any other dividing fence, the fence is no more than 2400mm in height, including\nnot more than three strands of plain or barbed wire.\n2. Upon application, an authorised person may issue a permit varying clause 1(b), and may impose\nconditions.\n3. Fences constructed in accordance with Schedule 1.\n4. The fence shall not adversely affect land or impact 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 streetscape or neighbouring properties.\n————\nSchedule 3—Sufficient fence for rural lots\n[Clause 2.2(c)]\n1. On a rural lot, a sufficient fence is a dividing fence that is at least 1200mm in height so as to prevent\nstock passing through and—\n(a) in all the case of a non-electrified fence is of—\n(i) post and wire construction with at least five wires, with the lower wires spaced closer\ntogether than the higher wires and each wire connected to posts in all cases; or\n(ii) post and rail construction, with at least three rails connected to posts in all cases; and\n(b) in the case of an electrified fence, constructed in accordance with clause 5.2(2).\n2. The fence shall not adversely affect land or impact 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 streetscape or neighbouring properties.\n————\nSchedule 4—Prescribed offences\n[Clause 8.3(1)]\nItem Clause Nature of offence\nModified\npenalty\n$\n1 2.1 Construction or alteration of a dividing fence on a lot that is\nnot a sufficient fence without a permit 200\n2 3.1 Construction of a non-compliant fence within front setback\narea without a permit 200\n3 3.2 Construction or maintenance of a non-compliant fence in a\nsecondary setback area without a permit 200\n4 3.3 Construction of a non-compliant fence, wall or other structure\nat a vehicle access point 200\n5 3.4 Obstruction of a watercourse 200\n6 3.5 Construction of a gate or fence encroaching over other land 200\n7 3.6 Construction of a retaining wall more than 500mm in height\nwithout a building permit 500\n8 3.7 Construction of a masonry wall or fence more than 750mm in\nheight without a building permit 200\n9 3.8(1) Alteration of natural ground levels without a permit 500\n10 3.8(2) Construction of a corrugated fibre-reinforced pressed cement\nfence with more than 150m difference in ground levels on each\nside 200\n11 3.8(3) Construction of a fence or retaining wall more than 500mm in\nheight within 1000mm of a boundary without written consent\nof adjoining owners 200\n12 3.9(1) Failure to maintain fence in good condition 200\n13 3.10 Construction or maintenance of a fence across right-of-way etc.\nwithout approval 500\n14 4.1 Use of prohibited materials in a fence 500\n\n5170 GOVERNMENT GAZETTE, WA 22 November 2021\n15 4.2(1) Use of pre-used fencing materials without a permit 200\n16 5.1(1) Using or allowing to remain barbed wire on residential lots 200\n17 5.1(2) Non-compliant use of barbed wire on a rural lot 200\n18 5.1(3) Non-compliant use of barbed wire on a commercial or\nindustrial lot 500\n19 5.2(1) Construction of an electric fence without a permit 500\n20 5.3(1) Construction of a razor wire fence without a permit 500\n21 6.3 Failure to comply with conditions of a permit for fence 500\n22 6.6 Making a false or misleading statement 500\n23 8.1(3) Failure to comply with notice of breach in relation to Part 5—\nRestricted Fencing 500\n24 8.1(3) Failure to comply with notice of breach in relation to all\nmatters other than Part 5—Restricted Fencing 200\n25 8.2(1) Other offences not specified 200\nDated this 21 October 2021\nThe Common Seal of the Shire of West Arthur was affixed by authority of a resolution of Council in the\npresence of—\nN. MORRELL, President.\nI. FITZGERALD, Acting Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 1991 by‑law (cl 1.3) and replaces it with a broader, structured regime: defined 'sufficient fence' standards by lot type (cl 2.2; Schedules 1–3), a formal permit and discretionary approval scheme (Part 6), specific restrictions on materials and security fencing (Part 4–5), and an updated enforcement and modified penalty schedule (Part 8; Schedule 4). It also expressly aligns fencing rules with planning and building legislation (cl 1.6–1.7)."},"complexity_factors":["Cross‑references and interaction with multiple higher laws (Planning and Development Act 2005: cl 1.6; Building Act 2011: cl 1.7) increase legal/administrative complexity.","Detailed technical definitions and lot categories (cl 1.5; Schedules 1–3) create different standards by land use and require factual determination of lot type.","Extensive permit regime with discretionary decision‑making and conditions (Part 6; cl 6.1–6.6) adds administrative workload and uncertainty for applicants.","Discretion for authorised persons to amend, revoke or impose conditions (cl 6.2(4)–(5); cl 6.4) concentrates decision power and creates implementation risk.","Restricted fencing rules include technical standards and external standards (Part 5; cl 5.2(3) references AS/NZS 3016:2002), increasing compliance technicality.","Measurement and construction rules (heights, sightlines, ground level changes: cl 3.1–3.4, 3.8; Schedules) require on‑site assessment and engineering input.","Enforcement framework combines court penalties and infringement/modified penalties (Part 8; cl 8.1–8.3; Schedule 4) yielding layered sanctions and recovery procedures.","Transitional and repeal provisions (cl 1.3, 1.8) and transferability of permits (cl 6.5) affect ongoing obligations and property transactions."],"plain_english_summary":"This local law replaces the Shire’s 1991 fencing by‑law and sets modern, operational rules for what counts as a sufficient dividing fence across residential, commercial/industrial and rural lots. It prescribes materials, heights and sightline rules, restricts barbed, electrified and razor wire, creates a permit process and gives authorised officers powers to require remedial work and impose fines. The rules mainly affect landowners, occupiers and fence contractors; owners bear compliance costs and must obtain permits or face notices, enforcement or modified penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. The Dogs Amendment Local Law updates existing dog control provisions without significantly expanding beyond animal management. The Fencing Local Law replaces a 1991 by-law with modernised provisions but remains focused on fence construction, materials, and safety. Both laws operate within their enabling legislation (Dog Act 1976 and Local Government Act 1995 respectively) without obvious mission creep."},"complexity_factors":["Two distinct local laws combined in one document (Dogs Amendment and Fencing Local Law)","Extensive cross-referencing to external legislation (Dog Act 1976, Local Government Act 1995, Building Act 2011, Dividing Fences Act 1961, Disability Discrimination Act 1992, Planning and Development Act 2005, and various regulations)","Multiple defined terms (approximately 30 defined terms in the Fencing Local Law alone)","Nested conditional logic with numerous exceptions (e.g., clause 5.2 on electrified fencing has multiple sub-exceptions for rural lots, animal control, and security purposes)","Three separate schedules specifying different fence standards for residential, commercial/industrial, and rural lots","Height restrictions vary by location (front setback vs secondary frontage vs general boundaries) and by material","Transitional provisions preserving existing lawful fences","Multiple penalty structures (general penalties up to $5,000, daily penalties, and specific modified penalties for prescribed offences in Schedule 4)","Permit system with conditions, variations, and revocation grounds","Specific technical requirements (e.g., 'visually permeable' defined by precise gap measurements in clause 1.5)"],"plain_english_summary":"The Shire of West Arthur made two local laws updating dog control and fencing rules. The Dogs Amendment Local Law modernises definitions, tightens confinement, pound and licensing rules, and replaces specific fines with a general penalty, affecting dog owners—especially those with multiple or dangerous dogs. The Fencing Local Law replaces a 1991 by‑law with comprehensive standards on fence types, heights, hazardous materials, permits and sightline safety, affecting all property owners. Both laws align local rules with safety, enforceability and state standards."}},"importantCases":[],"_links":{"self":"/api/acts/west-arthur-shire-of-fencing-local-law-2021","history":"/api/acts/west-arthur-shire-of-fencing-local-law-2021/history","analysis":"/api/acts/west-arthur-shire-of-fencing-local-law-2021/analysis","conflicts":"/api/acts/west-arthur-shire-of-fencing-local-law-2021/conflicts","importantCases":"/api/acts/west-arthur-shire-of-fencing-local-law-2021/important-cases","documents":"/api/acts/west-arthur-shire-of-fencing-local-law-2021/documents"}}