Fencing Local Law 2017
51All other offences not specified 100
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51 All other offences not specified 100 ———— Dated: 16 June 2017. The Common Seal of the Shire of Halls Creek was affixed by authority of a resolution of the Council in the presence of— MALCOLM EDWARDS, Shire President. RODGER KERR-NEWELL, Chief Executive Officer.
29 June 2017 GOVERNMENT GAZETTE, WA 3537 CONTENTS 1.1 Citation 1.3 Purpose and effect 1.4 Application 1.5 Repeal 1.6 Definitions 1.7 Licence fees and charges PART 2—FENCES 2.1 Sufficient fences 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 2.9 Pre-used fencing materials 2.10 Barbed wire fences and spiked or jagged materials 2.11 Electrified and razor wire fences 2.12 Prohibited fencing materials 2.13 Certification of fencing designs 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
3538 GOVERNMENT GAZETTE, WA 29 June 2017 Schedule 1 OFFENCES AND MODIFIED PENALTIES Schedule 2 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT Timber fence Corrugated fence Brick, stone or concrete fence Composite fence Schedule 3 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL LOT Galvanised or PVC fence and gate Other fences Schedule 4 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT Non-electrified fence Electrified fence Schedule 5 LICENCE FOR APPROVED ELECTRIFIED FENCE Schedule 6 LICENCE FOR APPROVED RAZOR WIRE FENCE
29 June 2017 GOVERNMENT GAZETTE, WA 3539 Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the Shire of Halls Creek resolved on 15 June 2017 to make the following local law. 1.1 Citation This local law is the Shire of Halls Creek Fencing Local Law 2017. This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Purpose and effect (1) The purpose of this local law is to prescribe a sufficient fence and the standard for the construction of fences throughout the district. (2) The effect of this local law is to establish the minimum requirements for fencing within the district. 1.4 Application This local law applies throughout the district. 1.5 Repeal The Shire of Halls Creek Local Government Act Local Law 2002 published in the Government Gazette on 2 October 2002 is repealed. 1.6 Definitions In this local law— Act means the 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. 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 Surveyor means a Building Surveyor of the local government; CEO means the Chief Executive Officer of the local government; Commercial Lot means a lot where a commercial use— 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; district means the district of the local government; district planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005;