938GOVERNMENT GAZETTE, WA 5 March 2021

938 GOVERNMENT GAZETTE, WA 5 March 2021 (4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any entry on to land will be in accordance with Part 3, Division 3 of that Act. PART 6—OFFENCES 6.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (2) A person who fails to comply with or who contravenes any provision of this local law commits an offence and is liable on conviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. (2) The amount appearing in the final column of Schedule 1, directly opposite a prescribed offence in that Schedule, is the modified penalty for that prescribed offence. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable. 6.3 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local Government Act 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review When the local government makes a decision under clause 3.2, the provision of Part 9 Division 1 of the Local Government Act 1995, and regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. ———— OFFENCES AND MODIFIED PENALTIES [clause 6.2(2)] Item No Clause No. Nature of Offence Modified penalties $ 1 2.1(1) Erect a fence which is not a sufficient fence 250 2 2.2(1) Erect a fence greater than 1200mm in height within a front setback area without the written consent of the Building Surveyor 250 3 2.3(a) Erect a gate in a fence not opening into the lot 200 4 2.3(b) Erect a gate in a fence not sliding parallel and inside a fence 200 5 2.7 Failure to maintain a fence in good condition to prevent the fence becoming dangerous, dilapidated or unsightly 250 6 2.8 Erect or maintain a fence or obstruction of temporary or permanent nature across a right-of way, public access way or thoroughfare without approval 250 7 2.10(1) Construct a dividing fence on a Residential, Commercial or Industrial Lot from pre-used materials without written approval 250 8 2.11(2) Erect a fence using barbed wire or material with spiked or jagged projections in the fence construction without approval 250 9 2.12(1) Construct, erect or use razor wire in a fence or electrify a fence without approval 250