Private Property Local Law 2016
834GOVERNMENT GAZETTE, WA 24 January 2017
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834 GOVERNMENT GAZETTE, WA 24 January 2017 builder means the person or persons or firm or corporation who or which must be the holder of any building permit issued in respect of building works on a building site, and must also include any person or persons or firm or corporation who or which must be in effective control of such building site whether or not such person or persons or firm or corporation must be the holder of such permit; building means any roofed structure enclosing space and intended for use as shelter (for people, animals or property) or for recreational, commercial or industrial purposes and includes any part of a building; Building Code means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with the Code; building site means any lot of land for which a building permit is current, but does not include a lot upon which there exists a commercial, industrial or residential building and— (a) the current building permit is issued in respect only of a pergola, patio, shed or other Class 10 building as classified by the Building Code; and (b) means of collection and removal of rubbish, satisfactory to the local government but other than that specified within this local law, is in place; Building Permit means a building permit issued pursuant to the Building Act 2011; commercial lot means a lot where a commercial or light industrial use is or may be permitted under the town planning scheme, and is or will be the predominant use of the lot; construction work means any work involving the placement, fitting together, manufacture or erection of the components of a building, and includes pouring of footings and slabs and placement of stumps or other floor supports; dangerous in relation to any fence means— (a) an electrified fence; (b) a fence containing barbed wire, other than a fence erected and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other potentially harmful projection or material; (d) a fence which in the opinion of the local government is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; or (e) a fence that has become dangerous through lack of maintenance or repair; development has the same meaning given to it in the Planning and Development Act 2005; development site means and includes any lot or lots of land upon which there is current a development or subdivision approval, and any lot or lots upon which, construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place, whether or not such works are subject to a development or subdivision approval; disused means in relation to anything, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended for; or (b) has been stored or left stationary on land in the district for more than 3 months. dividing fence has the meaning given to it in and for the purposes of the Dividing Fences Act 1961; dust means and include any earth or other matter in fine or coarse dry particles, or any finely powdered substance; Dust Management Plan is a written document that specifies how dust will be managed on the land and includes what must be done to minimise dust being created, the prevention of dust escaping from the land and who is responsible for managing and resolving any complaints which may arise as a result of the works being carried out; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any gate; floodlight means a specific form of luminaire that emits light within a limited range of direction, such as a beam; 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; kerb means any structure, mark, marking or device to delineate or indicate the edge of a carriageway; land means land in the district and includes houses, buildings, works, and structures, in or upon the land; lot has the meaning given to it in the Planning and Development Act 2005;