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2252 GOVERNMENT GAZETTE, WA 17 March 2022 Industrial Lot means a lot where an industrial use— licence means an electrified fence licence or a razor wire fence licence; local government property means anything except a thoroughfare— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an “otherwise unvested facility” under section 3.53 of the Act 1995; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the lot has the meaning given to it in the notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the owner has the meaning given to it in the razor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; Residential Lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil or retains soil or structures in order to allow ground levels of different elevations to exist adjacent to one another; Rural Lot means a lot where a rural use— Schedule means a Schedule to this local law; Special Rural Lot means a lot where a special rural use— sufficient fence means a fence described in clause 2.1; and thoroughfare has the meaning given to it by the Local Government Act 1995, but does not include a private thoroughfare which is not under the management or control of the local government. 1.6 Licence fees and charges All licence fees and charges applicable under this local law shall be determined by the local government from time to time in accordance with section 6.16 to 6.19 of the Local Government Act 1995. PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), a sufficient fence— (a) on a Residential Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) on a Commercial Lot or an Industrial Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; and (c) on a Rural Lot or a Special Rural Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4. (3) Where a fence is erected on or near the boundary between— (a) a Residential Lot and an Industrial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) a Residential Lot and a Commercial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; (c) a Residential Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; (d) a Residential Lot and a Special Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; and (e) a Special Rural Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4.

17 March 2022 GOVERNMENT GAZETTE, WA 2253 (4) An application must be made to the local government for grant of consent to any variation to the specifications in Schedules 2, 3 and 4. (5) Unless an authorised person determines otherwise, a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 2. (6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence constructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably qualified structural engineer and constructed in accordance with that design where— (a) it is greater than 1800 millimetres in height; or (b) the Building Surveyor requires. (7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not exceed 1800 millimetres in height unless the approval of the local government has been obtained for such a fence. Division 2—General 2.2 Fences within front setback areas (1) A person shall not, without the written consent of the Building Surveyor, erect a free-standing fence greater than 1200 millimetres in height, within the front set-back area of a Residential Lot within the district. (2) The Building Surveyor may approve the erection of a fence of a height greater than 1200 millimetres in the front setback area of a Residential Lot only if the fence on each side of the driveway into the lot across the front boundary is to be angled into the lot for a distance of not less than 1500 millimetres along the frontage to a distance of not less than 1500 millimetres from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare. (3) The provision of subclause (2) shall not apply to a fence— (a) of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare; or (b) that does not adjoin a footpath. 2.3 Gates in fences A person shall not erect a gate in a fence which does not— (a) open into the lot; or (b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed. 2.4 Depositing fencing material on public place A person shall not deposit or permit the deposit of any materials whatsoever used in the construction or maintenance of any fence, on any thoroughfare, public place or local government property unless the approval of the local government has been obtained. 2.5 Fences on a Rural Lot A person shall not, without the written consent of the Building Surveyor, erect a fence on a Rural Lot of a height exceeding 1500 millimetres. 2.6 Maintenance of fences An owner of a lot on which a fence is erected shall maintain the fence in good condition so as to prevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality. 2.7 Fences across rights-of-way, public access ways or thoroughfares A person must not, without the approval of the local government, erect or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed. 2.8 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or repair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be separated by the dividing fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the erection or retention of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the locality. Division 3—Fencing materials 2.9 Fencing design certification Where required by the Building Surveyor, fencing designs are to be certified by a practicing structural engineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General principles.