1506GOVERNMENT GAZETTE, WA 22 April 2021

1506 GOVERNMENT GAZETTE, WA 22 April 2021 2.9 Prohibited fencing materials (1) A person shall not affix or use materials which may injure or otherwise cause detriment to persons or the environment. (2) Prohibited materials include jagged or broken glass, razor or barbed wire, sharpened metal spikes or serrated edges, electric current, or other materials or finishes considered in the opinion of the local government to constitute a hazard likely to cause injury or detriment to persons or impact the environment with a moderate to high exposure to that hazard. PART 3—APPROVALS 3.1 Application for approval (1) Where a person is required to obtain the approval of the local government under this local law, that person shall apply for approval in accordance with subclause (2). (2) An application for approval under this local law shall— (b) be signed by the applicant and the owner of the lot; government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. related to an application before determining an application for approval. (4) The local government may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 3.2 Decision on application for approval (a) approve an application for approval unconditionally or subject to any conditions; or (b) refuse to approve an application for approval. (2) If the local government approves an application for approval, it is to issue to the applicant an approval in the form determined by the local government. (3) If the local government refuses to approve an application for approval, it is to give written notice of (4) Where a clause of this local law refers to conditions which may be imposed on an approval or which are to be taken to be imposed on an approval, the clause does not limit the power of the local government to impose other conditions on the approval under subclause (1)(a). 3.3 Compliance with approval Where an application for approval has been approved, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 3.4 Duration of approval Unless otherwise stated in the form of approval, an approval granted under this local law— (a) runs with the lot to which it relates; (b) may be relied upon by any subsequent occupier or owner of the lot; and (c) may be enforced by the local government against a subsequent occupier or owner of the lot; and (d) may be transferred by request of the local government or the Western Australian Planning Commission to apply to any new lots created by virtue of amalgamation or subdivision. PART 4—MISCELLANEOUS 4.1 False or misleading statement A person shall not make a false or misleading statement in connection with any application, requirement or request under this local law. PART 5—NOTICES OF BREACH 5.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the local government may give a notice in writing to the owner of that lot. (2) A notice of breach shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner is required to remedy the breach within the time specified in the notice. (3) Should an owner fail to comply with a notice of breach, the local government may, by its employees, agents or contractors enter upon the lot to which the notice relates and remedy the