Shire of Dowerin Repeal Local Law 2022
2256GOVERNMENT GAZETTE, WA 17 March 2022
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2256 GOVERNMENT GAZETTE, WA 17 March 2022 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 (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 (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 provisions 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 Erect a fence greater than 1 200mm in height within a front setback area of a residential lot without the written consent of the Building Surveyor 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 5 2.6 Failure to maintain a fence in good condition to prevent the fence becoming dangerous, dilapidated or unsightly 6 2.7 Erect or maintain a fence or obstruction of temporary or permanent nature across a right- of way, public access way or thoroughfare without approval 7 2.10(1) Construct a fence on a Residential, Commercial or Industrial Lot from pre-used materials without written approval 8 2.11(2) Erect a fence using barbed wire or material with spiked or jagged projections in the fence construction without approval 9 2.12(1) Construct, erect or use razor wire in a fence or electrify a fence without approval 10 2.13 Affix, or use, any broken glass in a fence 250 11 3.3 Failure to comply with terms or conditions of approval 12 6.1 Failure to comply with notice of breach 250 ———— SCHEDULE 2 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT [clause 2.1(2)(a)] Each of the identified categories in this Schedule is a sufficient fence on a Residential Lot and the fence design being certified by a practicing structural engineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General principles. Timber fence (a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres;
17 March 2022 GOVERNMENT GAZETTE, WA 2257 (b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to each post with joints staggered; (f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail; and (g) the height of the fence to be 1800mm except with respect to the front set back area for which Corrugated fence A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer’s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; (c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with the manufacturers written instructions; and (d) the height of the fence to be 1800mm except with respect to the front set back area for which Brick, stone or concrete fence A fence constructed of brick, stone or concrete, which satisfies the following requirements and specifications— (a) a site classification is to be provided by a professional engineer in accordance with AS 2870-