3776GOVERNMENT GAZETTE, WA 20 November 2023

3776 GOVERNMENT GAZETTE, WA 20 November 2023 (2) An agreement in respect of a dangerous fence is taken not to be an agreement between owners of adjoining properties for the purposes of subclause (1). PART 3—FENCING GENERALLY 3.1 Fences within front setback areas A person shall not construct a fence more than 1200mm in height, within the front setback area of a residential lot without a licence. 3.2 Fences on secondary frontages Subject to clauses 3.1 and 3.3 a person shall not construct or maintain a fence on any secondary frontage of a residential lot unless the fence is a sufficient fence. 3.3 Sightlines at vehicle access point (1) Fences are to be truncated or reduced to a height not more than 750mm, within 1500mm where walls, fences and other structures adjoin vehicle access points where a driveway meets a thoroughfare and where two thoroughfares intersect. (2) The provision of subclause (1) shall not apply to a visually permeable fence that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare. 3.4 Obstruction of watercourse No person shall construct a fence of impervious material in any place, position or location where it will, or is likely to, act as a barrier to or restrict the flow of a watercourse. 3.5 Gates or doors in fences A person shall not construct a gate or door in a fence that— (a) encroaches into or over any other land; or (b) opens by sliding parallel to the fence on the outside of the fence. 3.6 Retaining walls A person shall not construct a retaining wall exceeding 500mm in height unless a building permit has been granted under section 20 of the Building Act 2011. 3.7 Masonry fences and walls A person shall not construct or a wall or fence exceeding 750mm in height constructed or partially constructed of masonry unless a building permit has been granted under section 20 of the Building Act 2011. 3.8 Alteration of ground levels (1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without a licence. (2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm difference in the ground levels on each side of the fence. (3) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to an authorised person the written consent of the owners of the adjoining lot. 3.9 Maintenance of fences (1) An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition so as to prevent it from becoming damaged, dangerous, dilapidated or unsightly. (2) Where in the opinion of an authorised person, a fence is in a state of disrepair or is dangerous or is otherwise in breach of a provision of this local law, an authorised person may give a notice of breach under clause 8.1 to the owner or occupier of the lot on which the fence is constructed. 3.10 Fences across rights-of-way, public access ways or thoroughfares A person shall not construct, place or maintain a fence or obstruction across any right-of-way, public access way or thoroughfare without the approval of the local government in accordance with regulation 9 of the Local Government (Uniform Local Provisions) Regulations 1996. PART 4—FENCING MATERIALS 4.1 Prohibited materials A person shall not construct, maintain or allow to remain a fence that is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct or maintain a dividing fence from pre-used materials without a licence issued by an authorised person. (2) Where a licence is issued for the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person.