Part 5RESTRICTED FENCING

PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a townsite lot, rural lot or rural residential lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the top or the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a commercial lot, industrial lot or special use lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000mm above the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land. 5.2 Electrified fencing (1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first obtaining approval of an authorised person. (2) Notwithstanding subclause (1), approval is not required for an electrified fence if— (a) constructed on a rural lot or rural residential lot; (b) for the purpose of animal control; (c) installed in accordance with the manufacturer’s specifications; and (d) which is not the dividing fence with a residential lot, townsite lot or special use lot.

6 August 2018 GOVERNMENT GAZETTE, WA 2839 (3) An electrified fence for the purpose of security must not be present on a lot unless it complies with AS/NZS 3016:2002 Electrical Installations—Electric Security Fences, as amended from time to time, and which is available for viewing free of charge at the Shire of Morawa Administration Centre. (4) Approval to have and use an electrified fence for the purpose of security shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; and (b) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is constructed. 5.3 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining approval under subclause (2). (2) Approval to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; (b) if the fence is within 3m of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level.