5136GOVERNMENT GAZETTE, WA 3 November 2022

5136 GOVERNMENT GAZETTE, WA 3 November 2022 (3) An electrified fence for the purpose of security must not be present on a lot unless it complies with AS/NZS 3016-2002 Electrical installations—Electric security fences, as amended from time to time, and which is available for viewing free of charge at the Shire of Dumbleyung Administration Centre. (4) Approval to have and use an electrified fence for the purpose of security shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; and (b) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is constructed. 5.3 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining approval under subclause (2). (2) Approval to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; (b) if the fence is within 3000mm of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. PART 6—APPROVALS 6.1 Application for approval (1) An owner of a lot may apply to the local government for approval of any discretionary matter contained within this local law. (2) An application for approval under this local law shall— (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the CEO together with any set fee; and (f) be in the form determined by the local government from time to time. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) An authorised person may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 6.2 Decision on application for approval (1) An application submitted to the local government under this local law may be— (a) approved by an authorised person; (b) approved by an authorised person subject to conditions as the authorised person sees fit; or (c) rejected by an authorised person. (2) In determining whether to grant its consent to the construction or installation, an authorised person may consider, in addition to any other matter that it is authorised to consider, whether the construction or retention of the fence would have an adverse impact on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the streetscape or neighbouring properties. (3) An authorised person may by written notice amend a condition imposed under subclause (1)(b) at any time. (4) An amendment under subclause (3) is effective from the date specified in the notice. (5) If an authorised person approves an application for approval, it is to give written notice of the approval and any conditions applied, to the applicant. (6) If an authorised person refuses to approve an application for approval, it is to give written notice of that refusal and the reasons for the decision to the applicant. 6.3 Compliance with approval Where an application for approval has been approved under clause 6.2, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 6.4 Cancellation of an approval An authorised person may cancel an approval if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the approval applies has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that an approval for the fence could no longer be granted under the local law;