1504GOVERNMENT GAZETTE, WA 22 April 2021

1504 GOVERNMENT GAZETTE, WA 22 April 2021 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 street boundary of that lot; 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; local government property means land or buildings— (c) which is an “otherwise unvested facility” under section 3.53 of the Local Government Act 1995; local planning scheme means a current local planning scheme made under the Planning and Development Act 2005; lot has the meaning given to it in 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— (a) is or may be permitted under the local planning scheme; and (b) is or will be the predominant use of the lot; retaining wall means any structure which is engineered and constructed to prevent the movement of soil or retains soil or structures in order to allow a change in ground levels (i.e. different elevations) to exist adjacent to one another; Schedule means a Schedule to this local law; sufficient fence means a fence described in clause 2.1; and 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 1.6 Licence fees and charges All fees and charges applicable under this local law shall be determined by the local government from time to time in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. PART 2—FENCES 2.1 Sufficient fences (1) It shall be an offence for a person to erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), a sufficient fence— (a) on a Residential Lot is a dividing or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; and (b) on a Commercial Lot is a dividing or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (3) Where a fence is erected on or adjacent to the boundary between 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 2. (4) An application must be made to the local government for the grant of consent to any variation to the specifications in Schedule 2. (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 1.