5130GOVERNMENT GAZETTE, WA 3 November 2022

5130 GOVERNMENT GAZETTE, WA 3 November 2022 SCHEDULE 1 PRESCRIBED OFFENCES Extractive Industries Local Law 2022 (clause 9.3) Item Clause Description Modified 1 2.1 Carry on extractive industry without licence or in breach of terms and conditions 2 6.1 Excavate near boundary 500 3 6.2(a) Gateways not kept locked where required 500 4 6.2(b) Warning signs not erected or maintained as required 500 5 6.2(c) Excavation not drained as required 500 6 6.2(e) Failure to prevent the emission of dust, noise or other forms of nuisance 7 6.3(a) Remove trees or shrubs near boundary without approval 500 8 6.3(b) Store without required approval explosives or explosive devices 500 9 6.3(c) Fill or excavate in breach of licence 500 10 6.4(1)(a) Blasting without approval of the local government 500 11 6.4(1)(b) Blasting outside times authorised 500 12 6.4(1)(d) Blasting in breach of conditions imposed by the local government 13 6.4(2) Blasting without approval on Saturday, Sunday or public holiday ————

3 November 2022 GOVERNMENT GAZETTE, WA 5131 1.6 Requirements of local planning scheme 1.7 Requirements of Building Act 2011 PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement 2.2 Sufficient fences—generally 2.3 Sufficient fences—between lots having different requirements 2.4 General discretion of the local government 2.5 Transitional provision PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas 3.2 Alteration of ground levels 3.3 Obstruction of watercourse 3.4 Gates or doors in fences 3.5 Retaining walls 3.6 Estate fencing 3.7 Maintenance of fences 3.8 Fences across rights-of-way, public access ways or thoroughfares PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials 4.2 Pre-used fencing materials 4.3 Approved materials 4.4 Screening PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing 5.2 Electrified fencing 5.3 Razor wire fencing PART 6—APPROVALS 6.1 Application for approval 6.2 Decision on application for approval 6.3 Compliance with approval 6.4 Cancellation of an approval 6.5 Duration of approval PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review PART 8—ENFORCEMENT 8.1 Notices of breach 8.2 Offences and penalties 8.3 Modified penalties 8.4 Form of notices SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRIAL AND SPECIAL USE LOTS SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS SCHEDULE 4—PRESCRIBED OFFENCES

5132 GOVERNMENT GAZETTE, WA 3 November 2022 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, This local law may be cited as the Shire of Dumbleyung Fencing Local Law 2022. This local law repeals the Shire of Dumbleyung Local Laws Relating to Fencing 2002 as published in the Government Gazette on 21 March 2003. In this local law unless the context otherwise requires— applicant means a person who makes an application for approval under this local law; approval means a favourable decision in respect of an application which is in writing, may be subject to conditions and which allows a proposal to proceed; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Dumbleyung Administration Centre; authorised person means a person appointed by the local government to perform any of the functions under this local law; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare, and results in the application of section 16(1) of the Dividing Fences Act 1961; Building Code has the meaning given in section 3 of the Building Regulations 2012; commercial lot means a lot zoned as commercial under the local planning scheme; dangerous in relation to any fence means— (a) an electrified fence which does not comply with clause 5.2 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate boundary fence means the fence constructed around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags; fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare the boundary line between the lot and the primary thoroughfare; front setback area means the area between the building line of a lot and the front boundary of that lot;