16July 2008 are repealed.

16 July 2008 are repealed. 1.5 Definitions In this local law unless the context otherwise requires— applicant means a person who makes an application for approval under this local law; approval means a favourable decision in respect of an application which is in writing, may be subject to conditions and which allows a proposal to proceed; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Morawa Administration Centre; authorised person means a person appointed by the local government to perform any of the functions under this local law; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare, and results in the application of section 16(1) of the Dividing Fences Act 1961; Building Code has the meaning given in section 3 of the Building Regulations 2012; commercial lot means a lot zoned as commercial under the local planning scheme; CEO means the Chief Executive Officer of the local government; dangerous in relation to any fence means— (a) an electrified fence which does not comply with clause 5.2 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes 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; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate boundary fence means the fence constructed around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags;

2836 GOVERNMENT GAZETTE, WA 6 August 2018 fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening; 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 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 the top of the fence at any point and— (a) the ground level; or (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or (c) where the fence is constructed on a retaining wall approved by the local government, from the top of the retaining wall; industrial lot means a lot zoned as industrial under the local planning scheme; local government means the Shire of Morawa; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; 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 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 5 of the Dividing Fences Act 1961; repair has the meaning given to it under section 5 of the Dividing Fences Act 1961; residential lot means a lot zoned as residential under the local planning scheme; retaining wall means any structure prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot zoned as rural under the local planning scheme; rural residential lot means a lot zoned as rural residential under the local planning scheme; Schedule means a Schedule to this local law; screening means any perforated panels or trellises composed of solid or obscured translucent panels; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot zoned as special use under the local planning scheme; sufficient fence means a fence described in clause 2.2 or 2.3 and includes a fence of the description and quality agreed upon by the owners of adjoining lots which does not fail to satisfy clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite lot means a lot zoned as townsite under the local planning scheme. 1.6 Requirements of local planning scheme In the event of any inconsistency between the provisions of a local planning scheme and the provisions of this local law, the provisions of the local planning scheme are to prevail. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence.