Sch 3INFRINGEMENT WITHDRAWAL NOTICE

SCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE [cl. 9.2(4)] Withdrawal of Infringement Notice No.________ Date_____//_ To: [1]______________________________________________________________________ Infringement Notice No__________dated____//for the alleged offence of [2] Penalty [3] $__ is withdrawn. (Delete whichever does not apply)

• No further action will be taken.
• It is proposed to institute court proceedings for the alleged offence.

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(Authorised Person) [1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed. ———— Dated: 15 February 2022 presence of—

17 March 2022 GOVERNMENT GAZETTE, WA 2249 1.5 Interpretations 1.6 Licence fees and charges PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient fences Division 2—General 2.2 Fences within front setback areas 2.3 Gates in fences 2.4 Depositing fencing material on public place 2.5 Fences on a Rural Lot 2.6 Maintenance of fences 2.7 Fences across rights-of-way, public access ways or thoroughfares 2.8 General discretion of the local government Division 3—Fencing materials 2.10 Pre-used fencing materials 2.11 Barbed wire fences and spiked or jagged materials 2.12 Electrified and razor wire fences 2.13 Prohibited fencing materials PART 3—APPROVALS 3.1 Application for approval 3.2 Decision on application for approval 3.3 Compliance with approval 3.4 Duration of approval PART 4—MISCELLANEOUS 4.1 False or misleading statement PART 5—NOTICES OF BREACH 5.1 Notices of breach PART 6—OFFENCES 6.1 Offences and penalties 6.2 Modified penalties 6.3 Form of notices PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review OFFENCES AND MODIFIED PENALTIES

2250 GOVERNMENT GAZETTE, WA 17 March 2022 SCHEDULE 2 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT SCHEDULE 3 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL LOT SCHEDULE 4 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT SCHEDULE 5 LICENCE FOR APPROVED ELECTRIFIED FENCE SCHEDULE 6 LICENCE FOR APPROVED RAZOR WIRE FENCE

17 March 2022 GOVERNMENT GAZETTE, WA 2251 Local Government Act 1995 and all other powers enabling it, the Shire of Dowerin resolved on 15 February 2022 to make the following local law. This local law is the Shire of Dowerin Fencing Local Law 2022. This local law applies throughout the district. The Shire of Dowerin Fencing Local Law 2008 published in the Government Gazette on 30 September 2008 is repealed. 1.5 Interpretations In this local law— Dividing Fences Act 1961; applicant means a person who makes an application for approval under this local law; AS or AS/NZS means an Australian or Australian/New Zealand Standard as published by Standards Australia and as amended from time to time. authorised person means a person appointed by the local government to perform any of the functions under this local law; barbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire twisted around it at short intervals; boundary fence has the meaning given to it by the Act; Building Code has the meaning given in section 3 of the Building Regulations 2012; Building Surveyor means a Building Surveyor of the local government; CEO means the Chief Executive Officer of the local government; Commercial Lot means a lot zoned as commercial under the local planning scheme; dangerous in relation to any fence means— (a) an electrified fence other than a fence approved by the local government under this local law; (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given to it by the Act; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure, not including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes any gate; front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line between the lot and the primary thoroughfare; front fence means a fence erected on the front boundary of a lot or on a line adjacent to the front boundary; front setback area means the area between the building line of a lot and the front boundary of that lot; height in relation to a fence means the vertical distance between— (a) the top of the fence at any point; and (b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point;