202GOVERNMENT GAZETTE, WA 14 January 2021

202 GOVERNMENT GAZETTE, WA 14 January 2021 (2) Permission for a barbed wire fence or other materials with spiked or jagged projections is not to be granted unless— (a) such barbed wire or other materials with spiked or jagged projections are carried on posts such that the bottom row of wire or other materials is not nearer than 2000mm from the ground level; and (b) such barbed wire or other materials with spiked or jagged projections are carried on posts with the top set at an angle of 45 degrees, and the bottom row of wire or other materials is set back 150mm from the face of the fence and is not nearer than 2000mm from the ground level; and (c) posts which carry such barbed wire or other materials with spiked or jagged projections are angled towards the outside of the lot bounded by the fence so that 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 on adjoining land. (3) Permission to have or use an electrified fence will not be granted where— (a) the property is a residential lot or abuts a residential lot; or (b) the fence does not comply with AS/NZS 3016:2002 as amended from time to time; or (c) the fence is rendered operable during the hours of business operations, if any, on the lot where it is erected. (4) Permission to have a fence constructed wholly or partly of razor wire will not be granted— (a) if the fence is within 3 metres of the boundary of the lot; or (b) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. (5) An application for permission referred to in subclause (2), (3) or (4) must be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner. 5.11 Transfer of approval A written approval referred to in clause 5.10 passes with the land to any new owner or to any new occupier of the lot, as the case may be. 5.12 Cancellation of approval The local government may cancel a written approval issued under this Part if— (a) a fence given written approval no longer satisfies the requirements specified in subclause 5.10(2) or 5.10(3) as the case may be; or (b) the owner or occupier breaches any condition upon which the written approval was issued. 6.1 Terms used In this Part unless the context otherwise requires— amusement means anything usually conducted for amusement at a fair, carnival or show, whether conducted at a fair, carnival, show or elsewhere; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic matter and sand, but does not include smoke; equipment means equipment, machinery or vehicles used for or in connection with the development of land; retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods; truck means a vehicle having a tare in excess of 3,000 kgs; 6.2 Nuisance (1) A person must not, on any local government property— (a) engage in any undertaking or activity or conduct any business in such a manner as to cause or permit the emission of dust, fumes, light, liquid waste, noise, odour, smoke or vibrations so as to create a nuisance; or (b) behave in a manner which is likely to interfere with the enjoyment of a person who might use the local government property or interfere with the enjoyment of a person using the local government property; or (c) use anything or do any other thing so as to create a nuisance. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. 6.3 Amusement activities (a) provide or conduct any amusement on land so as to create a nuisance; or (b) erect a structure for public amusement or for any performance, whether for gain or otherwise, without the permission of the local government.