934GOVERNMENT GAZETTE, WA 5 March 2021

934 GOVERNMENT GAZETTE, WA 5 March 2021 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; gazetted townsite means urban land declared to be a townsite under the relevant Land Administration legislation; 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; Industrial Lot means a lot where an industrial use— licence means an electrified fence licence or a razor wire fence licence; (c) which is an “otherwise unvested facility” under section 3.53 of the Local Government Act 1995; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the Local Government Act 1995; owner has the meaning given to it in the Local Government Act 1995; 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 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 1.7 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 section 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.

5 March 2021 GOVERNMENT GAZETTE, WA 935 (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 and on 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 and on 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. (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 1 800 millimetres in height; or (b) the Building Surveyor so requires. (7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not exceed 1 800 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 1 500 millimetres along the frontage to a distance of not less than 1 500 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 Fences for large animals A person shall not keep large animals within a Special Rural lot unless a fence constructed of a type that prevents large animals escaping and dogs entering is installed