Sch 31 of the LG Act—

Schedule 3.1 of the LG Act— (a) a public place; and (b) local government property. 5.4 Sufficient fences (1) Unless by agreement between the owners of adjoining properties, an owner or occupier of a lot must not erect or permit the erection of a dividing fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), and any provision contained in a local planning scheme, a sufficient fence on a— (a) residential lot is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; or

14 January 2021 GOVERNMENT GAZETTE, WA 201 (b) commercial lot or an industrial lot is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (3) Where a fence is erected on or near the boundary between a residential lot and— (a) an industrial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; or (b) a commercial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (4) Unless the local government specifies 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. (5) Notwithstanding any other provisions in this local law, a fence constructed of brick, stone, concrete or any other masonry product or material will only be a sufficient fence if it is designed by a structural engineer where— (a) it is greater than 1800mm in height; or (b) the local government so requires. 5.5 Fences within front setback areas (1) A person must not, without the written consent of the local government, erect a fence greater than 1200mm in height, within the front setback area of a residential lot. (2) The local government may approve the erection of a fence of a height greater than 1200mm 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 1500mm along the frontage to a distance of not less than 1500mm from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a street. (3) In the case of a fence across the front boundary of a residential lot— (a) the fence must be of open construction, and where the fence includes or is constructed on a retaining wall, that portion of the fence above the retaining wall must be of open construction; and (b) where the fence includes a retaining wall, the height of the fence above the retaining wall must not exceed 1200mm. (4) A fence across or near the front boundary of a residential lot must not be constructed of corrugated fibre cement sheeting, pre-painted steel sheeting or similar material whether as a singular method of construction or as part of a composite fence. (5) Subclause (3) does not apply in respect of a fence lawfully erected under a written law prior to the coming into operation of this local law. 5.6 Maintenance of fences An owner and an occupier of a lot on which a fence is erected must maintain the fence in good condition and so as to prevent it from becoming dangerous, dilapidated, or unsightly. 5.7 General discretion of the local government (1) Notwithstanding clause 5.4, the local government may consent to the erection or repair of a fence which does not comply with the requirements of this local law. (2) In determining whether to grant its consent to the erection or repair of any fence, the local government may consider, in addition to any other matter that it is authorised to consider, whether the erection or retention of the fence would have an adverse effect on the— (a) safe or convenient use of any land; or (b) safety or convenience of any person. 5.8 Fencing materials (1) A person must construct a fence on a residential lot, a commercial lot or an industrial lot from only brick, stone, concrete, wrought iron, tubular steel, link mesh, timber, plastic coated or galvanized link mesh, corrugated fibre reinforced cement sheeting, pre-painted steel sheeting or other material approved by the local government. (2) Where the local government approves the use of pre-used materials in the construction of a fence under subclause (1), that approval may be conditional on the applicant painting or treating the pre- used material as directed by the local government. 5.9 Prohibited fencing materials In constructing a fence a person must not use— (a) broken glass or any other potentially harmful projections or material; or (b) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause. 5.10 Fencing materials requiring permission (1) An owner or occupier of a lot must not construct a— (a) barbed wire fence; or (b) electrified fence; or (c) razor wire fence, without the permission of the local government.