200GOVERNMENT GAZETTE, WA 14 January 2021

200 GOVERNMENT GAZETTE, WA 14 January 2021 4.28 Liability for default The person in whose name a stable premises is registered must ensure compliance with obligations imposed in this local law in respect of stable premises, but if in any case it appears some other person had direct involvement in a breach, the local government may in any such case take action for default against the person in whose name the stable premises is registered, by reason of that person having responsibility by reason of registration as the owner or occupier, or against the other person by reason of that person having direct responsibility for the breach. PART 5—FENCING 5.1 Terms used commercial lot means a lot where a commercial use— dangerous in relation to any fence means— (a) an electrified fence other than a fence in respect of which a written approval under Part 5 of this local law has been issued; or (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; or (c) a fence containing exposed broken glass, 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. dividing fence has the same meaning as in the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric current; fence means any structure, including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes a gate in a fence or otherwise performing the function of a fence; frontage means the boundary line between a lot and the street which the lot abuts; 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; or industrial lot means a lot where an industrial use— open construction in reference to a fence, means a fence with not less than one third of the face of the fence being visually open for the total length of the fence; owner has the same meaning as in the Dividing Fences Act 1961; residential lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; setback has the same meaning as in the Residential Design Codes; sufficient fence means a fence described in clause 5.4. 5.2 Application (1) Subject to any requirements under a local planning scheme, Part 5 of this local law applies throughout the district. (2) Where there is any inconsistency between this local law and a local planning scheme, the provisions of the local planning scheme prevail. 5.3 Specified public place The following places are specified as a public place for the purpose of item 4(1) of Division 1 of